QLD Need to protect my child but unsure what is the right way to go about things.

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Singlemum2

Member
16 May 2017
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I need advice regarding on how I can keep my son safe from his father and if I can move interstate without initially telling himself
He is suspected of abusing my child and it's looking like it's very true.
My child is absolutely terrified of their father and makes themselves physically sick to try and get away from him. They only have to hear his voice and they are instantly crying and and saying no don't make me go. My child has had overnight stays for 4 months up until Easter and that's when the crying and making them self physically sick started. It's everytime they see their father.
Their father has forcefully taken them from me before and forced them into the car while hitting them. I did try to intervene but there was nothing I could do.
The suspected abuse has been reported and I'm doing a few things to help my child cope with what they have been through while staying at their fathers.
I want to move to Queensland and am currently up here to visit a sick relative.
The question is what is the right way to about it?
A solicitor I spoke too recommended I move without telling the father until we are settled into our new home as the courts might not want to make me return the child if they are settled into a new home.
 

AllForHer

Well-Known Member
23 July 2014
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And what if the Court does make you return after the kids are settled?

Lawyers don't know what the Court will do, but they will make an awful lot of money out of trying.

If the alleged abuse has been reported to both CPS and the police, I would wait until they have determined an outcome before relocating.
 

Lennon

Well-Known Member
11 September 2014
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719
Being settled in a new home is rarely a factor that the court takes into consideration in relocation cases.

Is there any reason why you would not try to get your ex's consent to you relocating before you do so?

Have you considered the fact that when there is a large distance between parents, the courts usually order the kids to spend longer "block" time with the other parent (rather than shorter, more regular contact). Is that something you will be prepared to deal with?
 

Lennon

Well-Known Member
11 September 2014
270
36
719
The court's response to a parent relocating without giving the other parent notice, is to change the child's living arrangements completely (ie order that the child live with the previously non-residential parent) on an interim basis at least, until final orders are made. Is that an outcome you could live with? I suspect not, in which case I recommend that you either get consent or orders before relocating.
 

thatbloke

Well-Known Member
5 February 2018
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Earth
Its not YOUR child, its his as well, for better or for worse. Do it the right way if you want to relocate or risk losing it all