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QLD Possible to Move Family Court from NSW to QLD?

Discussion in 'Family Law Forum' started by EmmaN, 1 February 2016.

  1. EmmaN

    EmmaN Well-Known Member

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    My partner's ex has lied through her affidavit and accused him of being an abusive ice addict. She opted for sole parental custody of children in her application but sent an email saying if we move to NSW near her then she will give 45%, but we have now found out she is moving back to QLD.

    How do we go about moving family court to be here? Can it be done? Because my partner was told he would pretty much lose because he would have to fork out $40,000 to have a lawyer here and someone in Canberra that he doesn't have. He was told he would only get half of the school holidays with his 2-year-old because she lived in NSW but would he be able to fight for more if they moved back to QLD?
     
  2. AllForHer

    AllForHer Well-Known Member

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    I believe you can file an Application in a case seeking that the proceedings be transferred to your closest registry, such as the Brisbane one. If both parties are going to be living in Queensland, the court would likely transfer proceedings anyway.

    If the mother is going to be within a practical distance, seek as much time as you are able. If 50/50 is workable, then seek 50/50.
     
  3. EmmaN

    EmmaN Well-Known Member

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    If they get granted the move, would court still be on the same time? Or would he have to wait another 3 months for it? What does the court count as practical? Because the mother was fine with travelling from Sydney to Brisbane for handover but now she has moved to a city that isnt a major one but is closer to us. Flights will probably be more expensive and she doesn't have her licence but is that fair to impact the fathers time with his daughter?
     
  4. AllForHer

    AllForHer Well-Known Member

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    Regarding the transfer, that depends on the backlog at the registry you're looking to transfer to. It's likely the court will transfer the proceedings anyway, if someone brings it up at next mention.

    Regarding time spent with, try and remember that it's not about what's fair. It's about what's best for the child. If you believe it's in the child's best interests to spend X time with you, then you will also need to show how that can be facilitated.

    For example, it's probably not going to be good for the child if an order is made to spend every second weekend with the dad who lives 800km away and neither mum nor dad have a license or the means to pay for flights. What could be considered instead is an order forgoing child support in light of flight costs. That's just as an example, of course, not necessarily applicable to your case.

    How do you want the additional time to be facilitated? Is the mother's new location within driving distance? Can you afford to send dad there on a plane to collect the child for one weekend a month?
     

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