NSW Likelihood of Getting Relocation Request Approved?

Discussion in 'Family Law Forum' started by Alchemy, 14 January 2018.

  1. sammy01

    sammy01 Well-Known Member

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    1. ask him for consent. He won't give it? true? then
    2. apply to court.

    Chances of succeeding? not good.

    Sorry, I know you're not gonna like this, but the courts are not going to say that your relationship with your former ex / new partner is more important than the child's relationship with the dad.
    To help you out. My ex did all she could to keep me out of the kids lives. I eventually sorted consent orders that gave me time with the kids. The ex then decided she wanted to move away. I got letters from solicitors, lots of them. 3 different ones actually. All telling me she was moving and i should suck it up. I didn't bother with representation. I wrote back myself. Now I reckon that whole debacle cost the ex $3-5K. All for nothing.

    You have one thing going for you... You don't have consent orders that stipulated the time the kids spend with dad. So technically, you're not breaching a court order to just up and move. BUT - this is important. I still think if you move, or for that matter apply to move before you actually do it, the courts will say NO. Why? your relationship with the kids is not more important than dad's.

    So what if you were to offer for dad to have the kids all the time? would he agree? See if he would, then you're stuffed. You cant bluff him.

    Please prove me wrong, but i don't think you have a good case here.
     
  2. Alchemy

    Alchemy Well-Known Member

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    I know we are all just guessing what the judges will rule here.
    But what about my eldest son and his father relationship, (surely that means a lot, esp when puberty is coming up?!), my work, my mental health with being more happier and better job prospects/earning potential/ education to better my job in a big city etc , his extended family are where I want to relocate to (no where near us now), better schools, MUCH better work opportunities for me, = much better earning potential, etc
    Surely all this is taken into consideration?!
     
  3. sammy01

    sammy01 Well-Known Member

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    BEST INTEREST OF THE CHILD.... So you've outlined a bunch of stuff you want a magistrate to consider. Respectfully, they're all about helping your cause. So what does the law say?
    Best Interests of the Child | Family and Divorce Lawyers
    Primary consideration... That means the most important... And NUMBER 1 - the rights of the kid to have a meaningful relationship with both parents. You are prioritising a whole bunch of other stuff above the kid's right to have a meaningful realationship with their dad.
    do us a favour... read your last post. how many times did you use the word 'my' why does all your stuff matter more than the kid having a relationship with his/her dad?

    I recommend you take this to court. You will lose. But if you take it to court and lose then a magistrate can explain it to you, not me.
     
  4. Alchemy

    Alchemy Well-Known Member

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    Thanks Sammy01.
    If anyone would like to have input I’m
    Interested in hearing.
    The best interest of the childREN should include my eldest son too.
     
  5. sammy01

    sammy01 Well-Known Member

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    Yes it should include your eldest son. But his best interest are no better than the interest of the other kids.
    One suggestion - offer dad 3/4 of all holidays and offer to do all the travel.

    Apply to court - let us know how you go. For what it is worth, I've read lots of relocation cases. I'm stunned about how often the judge let someone move when i thought they should be restrained from moving... AND I'm equally stunned by the cases I've read where it seemed reasonable to me that one parent should be able to move yet the judge said NO...
    So give it a go, al keep us informed
     
  6. Rod

    Rod Well-Known Member
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    I agree with Sammy, to someone just reading cases without seeing the affidavits and other evidence it is hard to predict the outcome in advance.
     
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