NSW International relocation

[Homesick_mum]

Evening all,

Wondering what are the chances of being granted an international relocation order.

Children and mother both NZ citizens, father in not an Australia citizen. Have offered him school holidays and any other dates both parties agree to plus weekly Skype but he has said no. We have lived in Sydney for 2.5 years, prior to this the children and mother lived in NZ. Children are 5 and 8yrs.

Mediation starts soon, however if it is unsuccessful I would like to apply to the court for a relocation order because I am struggling here financially as a single parent and have no family or friends here. He has no family in Australia either but has been in a long-term relationship for last 5 years.

We have had 50/50 shared care for the time we have lived here but prior to this I was primary caregiver. I'm not slinging mud, saying he's a s**t father but I can't survive here and need to head back. I understand the court will work in the children's best interests but how does it work when both parents are capable and good parents?

 

[hshkara]

If one party wants to relocate internationally with the children but their ex-partner is against it, they may seek orders from the court that allow them to do so.

The court will not necessarily grant permission for the international relocation.

The court considers the best interests of the children in determining the outcome. This is the most important consideration.

The best interests of the children include maintaining a meaningful relationship with both parents and the emotional and psychological effects of international relocation.

The court also considers the wishes of the parent making the application.

You will have to explain why living in NZ is the best thing for the children.

The wishes of the child are also taken into account in accordance with the child’s age, maturity and understanding of the situation.

It really is a case by case situation, and you will have to explain in detail your case to the court if mediation does not work.

A deal where you are able to live in NZ and the children get to see their dad during school holidays sounds like something that may be workable.

If you want more information, including an example of a mother attempting to relocate to NZ with her children, click on this article about international relocation.

 

[sammy01]

So your biggest hurdle is the 50/50.
See dad clearly is playing an active role in the kids lives.
I'm a dad, my ex wanted to move 6 hours away. She decided to leave the kids with me and move. She looked into the whole court thing and I think she realised that it was going to be a tough battle to win.

I've read a fair few relocation cases. The courts don't feel they have a right to force someone to stay in a location. So it is complex. I have to tell you that of the cases I've read there have been lots of cases where I thought the parent should have been allowed to move, but was stopped (or at least the kids were stopped) And lots of cases where I thought the parent should not be allowed to move but the relocation was granted. Does my head in
AustLII: 624 documents found for (relocation)

go make yourself a strong coffee then read through some of the cases. You only really need to read the top bit and then the "Reasons for Judgement"
I found this one as an example where I'd have thought relocation would be permitted - But nope
M & K [2007] FMCAfam 26 (14 February 2007)