WA Relocation Of mother of child

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Bellsalute

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5 August 2018
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What are rules regarding relocation..my daughter recently separated from her husband and wants to relocate to another part of W.A. from south west to north of W.A. to live with her sister ..can she do this and can the father of there 15month old child stop her from moving.
 

sammy01

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27 September 2015
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She can move - nothing stopping her... (Kinda) But dad would have to apply to court for a relocation order. Chance of him succeeding.... NO IDEA depends on the facts in the case. How far away is she moving? What is she doing to make sure the kid can still see dad? The more of that stuff she does the better. Moving away and refusing any access is gonna help his case to establish that mum has moved just to eliminate dad's chance to know his kid.
 

Rod

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27 May 2014
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Is your daughter Indigenous?

And where do you live (eg how many hours away)?
 

Bellsalute

Member
5 August 2018
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No she is not indigenous.be moving 18 hour drive from where is now..child is only 15months old so thought be hard to organise access..in saying that certainly not stopping him but am worried that he take him he may not return him..if he did this is my daughter going to be going court system to get him back..
 

sammy01

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27 September 2015
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Ok so you have concerns dad would take the child and then it is off to court...
So I think you're better off applying to court for orders that allow the move.

With respect - moving 18 hours away is stopping dad from seeing the child.

I'm trying to be really really nice here. But do you see the contradiction. Mum wants to move 18 hours away and that would impact on dad's relationship with the kid... But if dad did the same and kept the kid she would apply to court for recovery orders...

She needs a better reason that because she wants to live with her sister... Let's face it that isn't likely to be a long term solution and suggests that mum is a bit disorganised and chaotic.... Not saying she is, but can you see how it appears?
 

Bellsalute

Member
5 August 2018
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Well also is dcp action regarding father in law that yet to be resolved so safety of child is biggest concern and wants to start life in new place to earn money and will return to south west one day but putting care of her child is the main issue..DCP are taking forever to give ruling and his family are trying best not to co operate with this matter..daughter very stressed to leave child in there care pending this outcome from dcp.no one wants big ugly court battle
 

LouiseThomas

Well-Known Member
21 March 2018
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What is a dcp? Is it about the father of child or father in law? Because if its about father in law that is not going to negatively affect the father of the child.
 

sammy01

Well-Known Member
27 September 2015
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Yep - look if DCP is taking forever It causes me to think they dont consider the concerns raised to be substantial..
Sorry mate, no one here is telling you what you want to hear... But that doesn't mean the advice is wrong. Not saying it is right either... But it is worth you considering.

So technically, she can move away. Easy. But if dad takes it to court she needs to establish that it is in the best interest of the child to be 18 hours away from dad... My opinion, you'll struggle based on what you've written here.