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

Discussion in 'Family Law Forum' started by Tin1980, 31 August 2015.

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  1. Tin1980

    Tin1980 Member

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    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?
     
  2. AllForHer

    AllForHer Well-Known Member

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    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?
     
    Tin1980 likes this.
  3. Tin1980

    Tin1980 Member

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    Thanks AllForHer, that helps a lot
     

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