QLD Father Refusing to Return Child - What to Do?

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sammy01

Well-Known Member
27 September 2015
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OK - so you're not gonna get a solicitor to run a relocation case for free... Ain't gonna happen...

So you'll wind up having to pay legal fees . Your chance of success? Look, it is to hard to predict. So let us know how you go. And yep I often rant about legal fees. I hate the horrid waste of money that some folk mistakenly think is somehow gonna make things different and all it does is make solicitors rich.

Look there are two sides to each stories. So you never lived with him... and he was never around until you stopped breastfeeding. OK fair enough - but clearly he is interested in having a relationship with the child and as such that is gonna be a hindrance to your relocation plans as far as the courts are concerned.
 

sammy01

Well-Known Member
27 September 2015
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Oops one more thing.... I thought I'd give you a heads up on relocation cases:

Here is one where mum got to move with the child:

Ahcraft & Haber [2010] FamCA 6 (15 January 2010)

Here is one where the court refused the request to relocate:

Goddard & Hilditch [2016] FamCA 631 (5 August 2016)

I gotta tell ya - from my reading - these things are a lottery... I've read lots of them and am mystified by what I read.

So what say you move - what are you going to do to ensure the child continues to have a meaningful relationship with dad? If you can't establish in the magistrate's mind that you will indeed do all things reasonable to keep dad in the kid's life, then I reckon your chances of getting the relocation are not good.