SA Moving interstate with 4 kids

[Pieterrossouw]

Hi All

Just joined. Concerned father. Wife and I been seperated for 8 months. Four children, 16;14;11,6. No parenting plan, however ex put in place me only seeing the kids every 2nd weekend. Since then I have been fighting to see them more. 1 week ago she dropped the bomb that she wants to move interstate and take the kids with. She has no family or friends there, no job, no house, nothing. She claims she want to start fresh. What is my rights as their dad. I told her she needs my consent or a court order that says its in the childrens best interest?? She says the 16y, 14y and 11y can decide for themselves what they want to do?? I will fight to the bitter end! Can I get a court order only to preventing her to relocate the kids? Nothing else is in place as ex refuse any offers. Mediation failed.

 

[sammy01]

ok so apply to court asap.
Applying to the Court for orders - Family Court of Australia

Once you apply and serve her with court attendance, if she were to move, the courts would not be impressed.
So she is kinda right, older kids have some say in what happens and the courts are unlikely to force a 16 yr old to go somewhere they don't want to go... BUT you have a 6yr old. So 6yr old is kinda an anchor... He/she cant decide and as such that has considerable influence.. Sure mum could leave, take 16 yr old 14yr old and maybe even 11 (generally it is from 12 that kids expressed preference matters)

But guess what - kids can't decide for themselves... NO NO NO.... As they get older the courts will give greater consideration to their perspective... There is a difference AND if the courts get a wiff that the kids are being coerced that wont help her cause.

Stay calm, this site is a good start for self representing. The other option is go take the certificate you got from mediation to a solicitor and get them to make the court application.

So the more detail you pt on this site the better advice.... Is there a reason why you are only getting alternate weekends? What sort of access would you like?

 

[Rod]

If she wants a new start in life tell her to leave the kids with you. They have school and friends they otherwise have to leave behind.

I agree with Sammy, apply to court to sort out parenting matters - before she just ups and leaves.

 

[Corinne]

Serve her with an initiating application asap. Then if she bails without making proper arrangements for visitation, it will look bad.

A similar problem occurred with my partner. His ex let slip in conversation about looking at rental houses interstate, so for the next two weeks I stuck my head into everything family law. Read through this forum, learnt legislation, previous cases etc.

At the end of the two week cramming, I wrote an application. It wasn't great. But the affidavit is basically a timeline of your relationship, from when you met up until the time of writing. Get a copy of Breaking Up by Robert Larkins. You won't have time to read it cover to cover but it's a good resource to have. Also, reading previous family law cases on AUSTLII gave me an idea of how to structure orders and people on this forum are also a wealth of information.

I'm unsure of how family law works in SA, but after these efforts in the Parramatta jurisdiction, we ended up with a 20km movement restriction on my partner's son. So he can't be relocated more than 20kms without written consent by the non-resident parent or a court order.

All up it cost the $400 filing fee and a lot of time but it's worth it, compared to paying thousands to a solicitor.

Get cracking!

 

[Corinne]

I forgot to add that you'll probably have to attend mediation first, to obtain the certificate that allows you to file a case. So I'd be ringing Relationships Australia or somewhere similiar today to book the next available appointment. Mediation itself can be done over the phone.