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QLD How to Stop Temporary Relocation of Daughter?

Discussion in 'Family Law Forum' started by reborn, 5 May 2015.

  1. reborn

    reborn Member

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    My daughter is two weeks old and my spouse wants to take her to Melbourne for two weeks to visit her folks.

    I resisted the idea citing how young and vulnerable my daughter was but my spouse still insists she is going and nothing is going to stop her. As my daughter has no passport, she is driving down with family.

    What can I do to stop her?
     
  2. AllForHer

    AllForHer Well-Known Member

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    I'm going to be fairly frank.

    This is not a legal dispute, and the court has neither the time nor the resources to arbitrate minor domestic disagreements, which is what this is.

    The court only determines major long-term issues, like residency, education and changes of name through parenting orders, not whether a domestic 'temporary relocation' should be allowed, or, as it is more commonly known as, 'a holiday'.

    Both parents are well within their right to travel with the child while ever there are no court orders expressly preventing travel, and plenty of parents do travel with young infants. A two-week holiday isn't going to cause any long-term harm whatsoever, let alone risk enough for the court to intervene, and realistically, the child has a right to have a relationship with her extended family, no matter where they're located or how anxious either parent gets about it.

    If the child isn't returned, then you will have grounds for a relocation order, but in the meantime, you will probably find more solace in family counselling than from the court. Court is also costly for you and takes much longer than just two weeks.
     
    Tamsin, Tim W, Sophea and 1 other person like this.

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