WA Injunction if Daughter Moves States with Her Child?

[Mark Schuster]

My daughter moved from SA to WA with the father of her second child (3-year-old) to satisfy his employment. The child was born in SA. She has one other child to a man who resides in the NT (no contact).

The relationship with her current partner is dissolving and she wishes to move back to SA for family support. She has no family in WA and is totally dependent on her partner's income. If her partner was to refuse her to take his son from WA, would the Family Court impose an injunction upon her and stop her from moving?

She would have no means to support herself and the children if she is forced to remain in WA. There are no current Orders in place.

What course of action should she take to assist her in returning to SA?

Thankyou

Mark

 

[sammy01]

OK, so she should seek an agreement from the dad...

If that ain't gonna happen, then she can just leave as there are no court orders to stop her...but he could apply to court to be brought back. Chance of him succeeding in doing so - no way of guessing.

 

[Mark Schuster]

Thank you Sammy. That has been my suggestion to her so far. I'm just concerned that if her refuses to let her go then she will be stuck in WA with no family support, and limited financial capacity.

Cheers