My sister lives in Perth Western Australia and is in a very unhappy marriage. She married in Victoria in 1994 and has been in Perth with her husband and two children for approx. 7 years. She desperately wants to come home as the marriage has fallen apart and cannot afford to live over there as a single mother. She was told awhile ago that if she left the state with the children, her husband can have them brought back within 24 hours. Is this true as this is her home? What can she do?
WA Leaving Partner and Moving Interstate with Children?
- Thread starter letitia
- Start date
There is some truth and some untruth here.
First, while there are no parenting or consent orders in place, either parent can do as they please with the kids, including moving them interstate.
Second, can he apply for a recovery order? Yes, he can apply for one - apply being the operative word. Will he get it? Well, that's for the judge to decide.
Third, does it take 24 hours? If only! Some recovery orders take upwards of a year to process.
Fourth, if the process does turn into an application for parenting orders, there is a very high chance that the father will be given at least alternate weekends and holiday time, so prepare for that likelihood.
Finally, it's better for your sister long-term if she tries to keep it amicable. If she wants to move and then attempt amicability, by all means, do so, but it's important that she does not attempt to impede on the kids' right to spend time with their father when able.
First, while there are no parenting or consent orders in place, either parent can do as they please with the kids, including moving them interstate.
Second, can he apply for a recovery order? Yes, he can apply for one - apply being the operative word. Will he get it? Well, that's for the judge to decide.
Third, does it take 24 hours? If only! Some recovery orders take upwards of a year to process.
Fourth, if the process does turn into an application for parenting orders, there is a very high chance that the father will be given at least alternate weekends and holiday time, so prepare for that likelihood.
Finally, it's better for your sister long-term if she tries to keep it amicable. If she wants to move and then attempt amicability, by all means, do so, but it's important that she does not attempt to impede on the kids' right to spend time with their father when able.
Thanks for replying. My sister has tried to do this amicably and he agreed. Then when it became clear that she was actually leaving he said no. So she feels trapped and because they are not well off financially she has come to a stand still. I understand what you are saying about the childrens rights and that too has made this seem even more impossible as she does want them to see their father on a regular basis. He will never come back to Victoria and I don't see how she can manage financially over there on her wage, as the cost of living and renting are very high.
Well, the bottom line right now is that there is nothing stopping her from taking the kids and leaving. There's no orders, there's nothing the police can do. I'll just leave it at that.
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