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NT Relocation After Separation?

Discussion in 'Family Law Forum' started by Rrrrrr, 25 January 2015.

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  1. Rrrrrr

    Rrrrrr Member

    25 January 2015
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    My partner and I are in the process of undergoing a separation and live in the NT. I would like to move back to NSW (where I'm originally from and my family are) but know that my ex is not happy about it and is willing to fight me over it. Its not a decision I have taken lightly, however I think my reasons are honourable.

    Firstly, I purely can not afford to stay in the city I'm in as the expenses are far too high. Moving to NSW will be much better financially, as well as more family support, better schooling and greater opportunities for my son. My son is almost two years old. Can my ex or the family law courts force me to stay here, or is likely that the courts will allow me to leave? I know it would be a downfall that my son wouldn't see his father as much, but at least he would have two happy rather than sad and angry parents and I legitimately can't afford to stay here.

    Any advice would be appreciated. Also, if we would need to go to court over it, how long would the process normally take?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    While there are presently no orders in place, you can do as you please in terms of relocating, but your ex can pursue a recovery order if you relocate without his consent. The court will then make orders deemed to be in the chikd's best interests. Sometimes this may be an order to return, sometimes it may be a change of residency, sometimes it may be an order for you to pay for flight/travel costs so the child can spend regular time with dad.

    Your son is at an age where more than a few days without seeing the other parent can cause significant issues for the child, especially where the attachment to the other parent is secure, which it sounds like it may be in this instance. They are developmentally unable to hold on to memories for more than a few days and thus can feel they are forgetting the other parent, causing distress and a sense of abandonment. Regular contact is ordinarily argued to be in the child's best interests, lest they be unable to maintain a meaningful relationship with both parents. You will also find that the court will have very little regard for the argument that the child's best interests would be met with one happy parent than two miserable parents - that is about your best interests, not your child's.

    I would suggest that you both attend mediation to consider your options and reach a parenting agreement that ensures your child can have a meaningful relationship with each of you.

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