VIC Moving Overseas - Do I Need Consent from Family Court?

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31 August 2015
Hi my partner and I separated over a year ago. As I'm from overseas and have no help/support here, I would like to move back with our 3-year-old.

My ex has given me his verbal consent to do so. Do I still need the consent from family court or would it be enough to have a legal document outlining visitations, contacts, etc. just signed by us and a lawyer?


Well-Known Member
23 July 2014
There are three kinds of documents of legal relevance in parenting matters - a parenting plan, a consent order and a parenting order. Parenting plans are decided by the parties, but don't have legal enforceability; consent orders are decided by the parties and registered with the court, which gives them legal enforceability; and parenting orders are generally only made after a trial in front of a judge.

You can simply draw up a parenting plan, but if you want to ensure the other party has limited capacity to change their view about your relocation, you might consider registering it as consent orders.

Does this help?
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