QLD Relocation During Family Court Process?

[Bridgey]

Hi.

My ex and I are part way through a family court process, we're still at the interim orders stage, no final orders made yet. Our daughter currently resides with her mother full time and I have specific times and dates for unsupervised contact. Our next court date is in February. I think my ex is planning to move interstate imminently (before the next court date). She hasn't told me or the court, because that's not her style, she's doing everything she can to stop me seeing our daughter and this is just the next stage of her plan to put me off pursuing time with our daughter.

My questions are:

- Can she move interstate during an active family court application?
- Is there anything I can do to stop her moving before she does?
- Is this child abduction if she moves interstate without telling me?

Many thanks for your help!

 

[Rod]

1 - can she move interstate during an active family court application?
2 - is there anything I can do to stop her moving before she does?
3 - is this child abduction if she moves interstate without telling me?

1. Yes
2. Yes. Seek an urgent injunction. You likely need some evidence of a planned move, not mere conjecture.
3. Yes. Relocation order can be sought for your daughter if this happens.

 

[Bridgey]

Thanks. That's helpful. Think we need to get into court before she moves, but getting the evidence is going to be near impossible...

 

[sammy01]

Just to clarify one thing. Nope it is not abduction. You can't abduct your own kid
What evidence do you have that
1. She is planning to move
2. She is planning to move interstate.

Plan B - let her move. Given you've already started court proceedings I reckon if she moves she could be ordered to return.

I'd apply for an injunction IF you have solid grounds to suspect she is moving

 

[Bridgey]

I'm fairly sure you can abduct your own child. What is the international Hague convention for if not assessing if a child has been abducted by one of those parents?

Regardless, the only evidence we have is anecdotal. Her new partner moved in about a month ago (he's got a lot of money) and suddenly her teenage son is posting all over social media that he is moving so won't be at the same school next year. We have no evidence it's inter-state, but that's my big worry because my job isn't very mobile and it would be her best shot at pricing me out of this.

 

[sammy01]

at this point I dont think court is warranted. If mum moves 20km away no big deal... Applying to court because you're worried they MIGHT? not rock solid really is it?

And given you're already in court, I reckon the magistrate will not be impressed if she were to move.

 

[Migz]

My questions are:

- Can she move interstate during an active family court application? Yes
- Is there anything I can do to stop her moving before she does? Yes/No

I was quickly corrected by the Judge at the first hearing, you CANNOT stop a parent from freely moving about, but you can STOP a child from moving with that parent.

Your "Interim Orders" should of had the following clause "The child shall not reside outside of the XXXXX Shire/Council boundary"

If you are fairly certain she will up and go, and YOU have been maintaining all of your court ordered visitations, you can do the following;
1. Wait and see if she goes with the child, then file a recovery order and wait and wait and wait, wait about a year and the child is already in a new school with friends and the new status quo is in place...will they be forced to come back, unlikely. Just from what I've seen and heard.
2. Wait and see if she goes with the child then file a "contravention" for $120 as the mother is no longer carrying out court ordered visitation. Once again long and drawn out.
3. File an "Application In A Case" this week through the commsportal, with the Order/Clause noted above added to you paperwork. This is the best option and heads it off at the pass, plus you can submit additional "orders" that you would like added to your current case, and I reckon you might have a few as we all do know that we are all caught up in this circus.

 

[Bridgey]

Thanks everyone for your help and advice. Off to work this morning, with a slightly clearer picture in my head. Thanks all.