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QLD Is It Possible to Appeal Family Court Orders?

Discussion in 'Family Law Forum' started by Ynot, 29 May 2016.

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  1. Ynot

    Ynot Member

    29 May 2016
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    I have a question where a judge has just provided the decision for a 4-year-old child to relocate with the mother interstate and has consented to equal parental responsibility.

    At the time, no family court orders were submitted for the father to relocate with the child and the mother. The father had considered relocating and it's now possible to move interstate. If the father later moves once his affairs are in order, is this a significant change in circumstances to lodge an application (assuming if both parties are unable to agree on the change in consent orders) with the family court in the other state?

    Also, is there a time restriction when you can apply again?

    Finally, is it better to appeal the decision and request the full court to reconsider a new circumstance?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    If the father is moving significantly closer to the child, then yes, it's likely this would be considered a significant change in circumstances to warrant a change in the orders. There's no time limit for a Rice & Asplund application.

    An appeal has a 28-day limit, after which it would require leave of the court. You are better off seeking new orders once the move actually takes place.

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