NSW Moving back to home town

[familynfriends]

So in June this year I worked thing out with my x and packed up our children and my 2 older children and moved to were he is living 2 hours from where I had lived since I was 19 and raised my older children and where all my family and friends are, so we could try to sort out our relationship and family (silly me)
unfortunately no change and I’m even more unhappy then when we were seperate and going through a pretty nasty custody fight over our children
when we withdrew our family court request my solicitor told me now I had moved then if I wanted to return to my home town then I might not be able to go back which at the time I was willing to risk to try to sort things out
so I’m wondering if anyone has been in a similar situation and been able to move back to the home town? especially since it has only been 5 months since moving?

 

[sammy01]

I come at this from the other perspective. As in my ex wanted to move 6 hours away...
I read lots of court cases relating to relocation and it sent me crazy. Cases where it seemed obvious the primary carer should not be allowed to move BUT the judge approved it... And vice versa.

You have a few options.
1. Toughen up. It is only 2 hours
2. Move without court consent and hope the courts dont give you an ultimatim... Move back or hand the kids over. Dad might not even apply to court. But maybe he will....
3. Seek approval from the courts. Which is a toss of the coin. Maybe judge will agree. Maybe not.

Questions. How much time are the kids spending with dad?
Is dad wanting more time? See if he is and you move - the courts are likely to see that as you trying to be obstructive - NOT GOOD.
What arrangements are you prepared to put into place to ensure dad sees the kids? Are you prepared to travel 2 hours to do pick up's and drop offs? Give dad additional holiday time? If so that might help your case.
Do you have any strong / compelling reasons to move? stuff like work opporunities where you were living that don't exist in the current location. Are you a marine biologist? who needs to be near the ocean to work - hence broken hill isn't a good work opportunity? Sorry but you wanting to be closer to family and friends is putting your relationships ahead of the kids right to have a relationship with their dad. That doesn't meet the definition of compelling.

 

[Atticus]

in June this year I worked thing out with my x and packed up our children and my 2 older children and moved to were he is living 2 hours from where I had lived since I was 19 and raised my older children and where all my family and friends are, so we could try to sort out our relationship and family

You haven't moved back in the same house?.... Have you tried some professional relationship counseling in an effort to get things back on track with your relationship?.. May be worth a shot before you pull the pin.

Surely though it would have been assumed if the attempt to sort things out didn't work that you would return to where you came from & whatever visits were taking place then would resume ... It's only been 5 months after all.