NSW Informing ex of relocation

[TrustMess]

Just a quick question - if I notify my ex of my intention to relocate with our child in advance and they don’t respond, am I free to proceed?

If I do so, can my ex then come back and object to the relocation after the fact? If so, how long after the fact?

Thank you.

 

[Tremaine]

Do you have parenting orders? What do they say about relocation?

If not, there’s nothing stopping you from relocating, but both you and the other parent will be at liberty to seek parenting orders at any time. In those proceedings, it’s impossible to know what the court will order, but if you notified of intention to relocate and other parent did not communicate disagreement, then waited a long time before seeking court orders, it’s unlikely the court will order you to return with the child. It is a good idea, however, to make sure you facilitate time between other parent and child regardless of relocation. Not doing so may lead the court to ask whether you’re capable of supporting the child’s relationship with the other parent, and if not, whether it’s best for the child to live primarily with you.

 

[TrustMess]

Thanks for your reply. Yes, I would also offer to facilitate holiday visits in the letter.

 

[sammy01]

I'd be informing him via registered mail. No chance he can deny getting the letter.

 

[TrustMess]

Thanks, will do. And no, no court orders in place.