VIC Family Law - Non-custodial Parent Following Relocated Children to New City?

[Parent]

Hi,

The final orders provide that if the non-custodial parent (currently based in Adelaide) "shall relocate to live in Melbourne" (where the children are), then an alternative set of orders for time during term apply, namely 4 days per fortnight.

Could there be any reasonable objection under Family Law to the non-custodial parent securing regular part-time accommodation at a consistent venue for the Wed-Mon period that brackets their time with children, but then travelling back to Adelaide for work and personal reasons during the interim periods?

 

[sammy01]

Slow down... Put the proposal to the othe parent. Do you reckon they'll agree? if so, sweet.
IF not...
Then court.
So are you really in a position to maintain 2 residence? My thinking would be as a primary carer, if my kids were living in a motel for 4 nights a fortnight I would take this as unnacceptable.
Let's keep this simple. Put the proposal to the ex. IF she says NOPE then get back to us...

I'd suggest that you're stretching the definition of 'shall relocate to live in Melbourne". BUT what would a judge say in court? well it is a 50/50 bet and I'm not prepared to put my money down either which way on that one.

 

[Parent]

I have put it to them, they are saying no.
I can't maintain 2 residences, that is why I have sought the regular temporary option. Its not a motel, its carefully chosen location, not too far from school and sport clubs, and right next door to a park.
So I guess from what you are saying that its court...

 

[sammy01]

YUP - but it is a 50/59 gamble...Can you move to Melbourne? I'd do that as a preference to more court time...
Sounds like other parent is pretty keen to keep the kids away from you. Sorry mate, I wish I had better advice and I hope someone can come up with a better solution for you