VIC Relocating with 7-Year-Old Daughter - Recovery Orders?

[Cleo85]

I would like to relocate with my 7-year-old daughter. I have always done my best to facilitate my daughter and her father's relationship. He has been homeless sleeping in his car for past 18 months with his 2 American bulldogs. I've continued his visitation as longs as he stayed with his parents with our daughter. Then I was advised by his family that he had been sleeping in car that’s unregistered with our daughter and he forced her to lie to me about it.

I've stopped contact due to safety concerns as he has taken a path of drug abuse and our daughter no longer wants to see him as she is afraid of the lifestyle he has chosen. I've told him we would like to relocate and he has advised me he will get recovery orders. I have offered once he established a healthier and stable life style that I would be willing to agree on half of all school holidays and I pay for all travel cost.

Our current order child lives with me and he every second weekend. I’m currently breaking orders with safety concerns with legal advice. Wondering where I stand with him pursuing recovery orders?

 

[AllForHer]

How long have current orders been in place?

Is dad doing anything about your contravention/s?

 

[Cleo85]

How long have current orders been in place?

Is dad doing anything about your contravention/s?

He has gone through legal aid. I've received a letter stating if we relocate, they will seek a recovery order.

I've also spoken to his solicitor and she was not aware of his current living arrangements. Next step is mediation.

 

[Cleo85]

He has gone through legal aid. Iv received a letter stating if we relocate they will seek a recovery order. Iv also spoke to his solicitor and she was not a wear of his current living arrangements. Next step is mediation

Our orders have been in place since 2013

 

[AllForHer]

Yep, that's all good, but doesn't answer my questions.

How long have the current orders been in place?

Is dad doing anything about your contraventions? For example, has he filed for contravention orders?

 

[AllForHer]

Right.

If you relocate, what's your plan for facilitating time between father and child?

 

[Cleo85]

Right.

If you relocate, what's your plan for facilitating time between father and child?

I offered to pay for travel cost, half of all school holidays (if he has suitable accommodation) and telephone calls or FaceTime

Also he refuses to pay child support. No child support for 2 years.

 

[AllForHer]

Okay, so generally speaking, the biggest obstruction in relocation cases is the relocating parent's inability to support and encourage the child's relationship with the other parent.

Contravening Court orders by withholding the child isn't going to do you any favours on that front. Indeed, it looks an awful lot like you're trying to paint dad in a bad light in an effort to make relocation easier, but you have Court orders already, so it doesn't work that way.

If dad is living in his car, that doesn't amount to such a risk that you should be contravening orders, but it does maybe justify an application to vary orders. Why haven't you followed the correct avenue by seeking to have the orders varied instead of just shirking them all together?

I'm also curious how you expect dad to pay child support if he's living in his car. That doesn't reconcile very well, does it? Have you sought help from Child Support to recover money owing?

 

[Cleo85]

Okay, so generally speaking, the biggest obstruction in relocation cases is the relocating parent's inability to support and encourage the child's relationship with the other parent.

Contravening Court orders by withholding the child isn't going to do you any favours on that front. Indeed, it looks an awful lot like you're trying to paint dad in a bad light in an effort to make relocation easier, but you have Court orders already, so it doesn't work that way.

If dad is living in his car, that doesn't amount to such a risk that you should be contravening orders, but it does maybe justify an application to vary orders. Why haven't you followed the correct avenue by seeking to have the orders varied instead of just shirking them all together?

I'm also curious how you expect dad to pay child support if he's living in his car. That doesn't reconcile very well, does it? Have you sought help from Child Support to recover money owing?

I've done me best to keep their relationship going. It’s now at the point where he has burnt bridges with all friends and family.

He works but cannot get a house due to not paying rent in everywhere he goes. I've wanted to move for a long time but never did for that fact I have a child with him. I would like to move to where I have more opportunities for the career I’m pursuing as a paramedic and where my daughter has more variety after school activities.

I’m constantly contacting child support but he doesn’t answer their calls or collect mail. He also does work for himself and doesn’t declare his earnings or pay tax.

I’m also in the process to go to mediation. I was given legal advice to stop visitation due to safety concerns as he made my daughter sleep in an unregistered car on the street.

 

[sammy01]

"I was given legal advice"??? from whom?

what sort of access does dad currently have? when did he last see the child?
do your orders state that each party needs to tell the other parent of their residential address?