QLD Partner moving interstate

[Cameron1977]

My partner has taken up a job interstate that will be 50% Melbourne, 50% Brisbane, one week in Brisbane and one in Melbourne.
This matches our current custody agreement as in nights she and I have our son (he is a little under 2 years old). I will have him while she is away and when back she will have him.
There is a chance however that her role may end up that she is based in Melbourne 100% in like 12-24 months I guess?
We have a custody agreement in place currently that says both parents must live within Brisbane suburbs. It's due for renewal in just over 6 months.
What are my rights with my son if she decides to move to Melbourne? Can she take him or does it go to court if she wants to?

 

[sammy01]

Do u have consent orders?

 

[Rod]

We have a custody agreement

What is the nature of this agreement - Court orders, consent, private arrangement?

What does the agreement say about what is to happen at the end of the agreement?

You may be facing having to go to court sooner than you expected as you should initiate action BEFORE any move occurs and a court considers the kid to be 'settled' in Melbourne.

 

[Cameron1977]

Hi Rod - thanks for the questions and sorry for the late reply.

They are court orders.
Court orders say nothing really of what is meant to happen.
There is a notation that basically says that by X date parties agree to review the parenting arrangements in these orders with the assistance of a mediator (not exact wording but close). I'm assuming these orders will apply up until new orders are done (if they can be agreed to).
He is well settled in Brisbane currently with all of his family located within 30-40ks. I think a court would decide to keep him local to Brisbane - however who knows - I don't think she would be allowed to take him even once the orders are up for review...

 

[sammy01]

The orders don't expire until they are replaced. So the mediate is to discuss possible changes, but those changes need to agreed upon by both parties and if that can't be achieved then the party who wants the change would have to apply to court. Even that is going to be difficult

 

[Rod]

I'm assuming these orders will apply up until new orders are done (if they can be agreed to).

Best not to make assumptions - see what the orders say.

He is well settled in Brisbane currently with all of his family located within 30-40ks.

This is in your favour.

I suggest you start the mediation process. Be seen to be following court orders and don't wait for the ex to start them.

 

[Cameron1977]

The document just says to orders will be reviewed with the use of a mediator. Nothing else - no expiry mentioned.
I spoke to a lawyer friend (not family lawyer) and she said the same as Sammy above. The orders stay until new ones agreed to. She said its normal wording for this kind of thing.

If I learn anything else I will comment to help others. Thank you for the help.

 

[Hayleyscomets]

The document just says to orders will be reviewed with the use of a mediator. Nothing else - no expiry mentioned.
I spoke to a lawyer friend (not family lawyer) and she said the same as Sammy above. The orders stay until new ones agreed to. She said its normal wording for this kind of thing.

If I learn anything else I will comment to help others. Thank you for the help.

Any update?
My partner has now found himself is a very similar situation. Week about consent orders in place and now mum wants to move 1.30hrs away next year.
Thanks in advance for any advice.

 

[Cameron1977]

Any update?
My partner has now found himself is a very similar situation. Week about consent orders in place and now mum wants to move 1.30hrs away next year.
Thanks in advance for any advice.

Sorry for the late reply - no change for me luckily however I confirmed my comment above with my family lawyer. Basically need to apply for the courts to have them moved unless otherwise agreed. Needs to ensure both parents can have access within reason unless of course there is a work or family reason they have to move so far away. Then it's just a matter of what the parents decide is best for the kid and if they can't decide, courts get involved than who knows.

 

[Cameron1977]

In saying that - doesn't stop him or her from just moving - then its a fight to get them back but the parent who did it wouldn't be seen favourably in the courts and depending on the agreement in place may be in a bit of trouble.

Plus of course it depends what is stated in the agreement.

or so I'm told...