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WA Husband's Ex Moving with Daughter - Get Family Court Orders?

Discussion in 'Family Law Forum' started by Gudguhrl, 29 October 2015.

  1. Gudguhrl

    Gudguhrl Active Member

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    My husband has a 9 year old daughter, and the mother is saying that she will take the kid and live in Tasmania. Is there anything my husband can do? There are no family court orders and signed agreements done. My husband gives child support on time and more than what is written on child support assessment. He has a good record and we look after his daughter very well when we have her.

    Recently, my stepdaughter's mothers boyfriend's cousin tried to sexually assault her but luckily he stopped and the police, detectives, investigators, social workers, counselling were involved. The mother has a history of being bi polar, depression etc. With her metal health illness, she's been in and out of rehab.

    What can my husband do? Can we have his daughter or can we stop them from leaving if an agreement or if family court orders are in place? What if there's no agreement or family court order in place? As far as I understand, the mother has the custody of children most of the time.
     
  2. Sophea

    Sophea Well-Known Member

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    Usually the court can't stop a parent from relocating to live somewhere else however it does have the power to stop them taking their child to live with them if that will be some distance away from the other parent. The greater the distance the more difficult this will be.

    You can apply to the court for orders preventing your spouse from taking your child interstate. Your ex would need to show good reason as to why the relocation would be in the best interests of the child and the arrangements they will put in place so that your child can see you and have regular contact.

    The court's first consideration when making such orders is the best interests of the child. They take into account the benefit of the child having a meaningful relationship with both parents and protection from any physical psychological or physical abuse or violence. It will also take into account the child's preferences, the nature of their relationships with parents and grandparents and willingness of each parent to encourage child's relationship with other parent.
     
  3. sammy01

    sammy01 Well-Known Member

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    Yep, I agree. Look the other thing that will matter is the current set of arrangements. What sort of access time does the dad currently have with the child? That will matter lots.

    He should ensure that he communicates in writing, preferably via email - to the ex that he doesn't agree with the relocation and request that if she would like to relocate, then she should make a court application to approve the relocation, and if she moves without consent that you will make an urgent court application for recovery orders, and that could mean that she'd have to deal with the costs of returning to the home state with the child until the court case is finalised... Hopefully that will make her think twice.
     
  4. Julia S

    Julia S Active Member

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    In this case in order to try and obtain orders to stop your husband's ex taking his daughter to Tasmania he would need to apply for consent orders as mentioned above.

    It would be worthwhile seeking advice from a local family lawyer. See Get Connected with the Right Lawyer for You to be connected to a local family lawyer.
     

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