NSW Relocation: chances of being ordered to return?

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TrustMess

Active Member
29 March 2017
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I separated from my ex earlier this year, taking our child with me due to concerns about my ex's increasing drug and alcohol problems, neglect of our child and emotional abuse of myself and our child. We are still living in the same area but have both left our marital home (a rental). My ex has been seeing our child at a contact centre for supervised time every fortnight. We were recently issued with a section 60i certificate stating that it was inappropriate to proceed with mediation. Months ago I raised the possibility of consent orders but my ex has been avoiding discussing anything with me, saying they are getting legal representation but not actually getting it. I had a solicitor's letter sent to my ex early in the separation outlining my concerns, so they have been informed but have not engaged with me at all about those concerns, preferring to play dumb with the mediator saying they have no idea why I left etc. My ex emailed my lawyer back saying that my claims were false but has not peed in a cup or offered anything further against my claims. I don't think my ex wants to do drug tests but I won't agree to any unsupervised time without them.

It's now been almost 5 months since I left. My ex initiated mediation after a few months which has now not actually gone ahead (inappropriate to proceed 60i certificate just recently). If my ex continues to do nothing about pursuing unsupervised time I want to move away to be closer to my family and reduce my cost of living. I doubt my ex will bother trying to make us return, but I know there is a risk they could. My solicitor says that if enough time passes a court will probably not take my ex seriously in this regard. I'm planning to wait a few more months to see if my ex does anything. If they don't, will that put me in a better position to leave without their consent?

Just after some other opinions. I know that strictly I should really be applying for a relocation order, but this takes 12-18 months and I want to move in time for our child to settle in and start their schooling in the new location to reduce the stress of the transition. What does everyone think the chances are of a court making interim orders that I return with the child until a final decision has been made?
 

sammy01

Well-Known Member
27 September 2015
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Relocation cases are really hard to pick. You could send yourself mad reading previous cases.

Here is one that is kinda sorta like your case except the mother admits to alcoholism. BUT in your case all you've got is your 'concerns'. Without some evidence that the drug addiction impacts on parenting. So for example, dad has 2 drink drive charges. NOT GOOD. Dad has 2 drink drive charges. One where the child was left at the pub by mistake and the other the child was unrestrained at the time of arrest. Different story
Have a read of this case. So this one the parent was approved to move
M & K [2007] FMCAfam 26 (14 February 2007)
In this one the parent chose to move but leave the children
Ford & Bell [2011] FMCAfam 635 (30 June 2011)
Here is a link to hundreds of cases
AustLII: 624 documents found for (relocation)

I think you should seek legal advice. If you move without dad's consent and dad applies to the court to have you returned, you're gonna have problems. That is a roll of the dice that no one on a website like this can advise upon. He might apply to court he might not. Having never met the man how can I possibly give advice.

What i can suggest is that you apply to court to request to move. Moving with consent of dad GOOD. Failing that moving with consent of the court... GOOD. Doing it without consent. Bad idea especially if dad continues with supervised visits.
 

TrustMess

Active Member
29 March 2017
10
0
31
Thanks for your reply, very informative.

Can't seem to edit or remove my original post, maybe it hasn't been up for long enough yet.
 
Last edited:

TrustMess

Active Member
29 March 2017
10
0
31
I have evidence of my ex's drug problems (eg., photos, receipts for drug tests I have purchased over the years), and lots of examples of situations where the drug use has impacted on their parenting. Our child has also disclosed to me since we left that my ex has used drugs in front of them and that ex has left child alone to wait in their car multiple times outside a certain house (dealer).

It's more the prospect of having to return and wait in the interim period that bothers me. I'm prepared legally.