LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Relocation Order - What Are My Chances If I Push For Family Law Trial?

Discussion in 'Family Law Forum' started by phil12345, 8 May 2015.

  1. phil12345

    phil12345 Member

    Joined:
    8 May 2015
    Messages:
    1
    Likes Received:
    0
    Me and my ex separated when my son was 2 years old. I have maintained 50% carer since then. However, just over a year ago, my ex moved over an hour away to live with her new partner, and held the expectation that when my Son starts school next year it would be with her. She expected my care to be lowered to 3 days per fortnight rather than 7.

    I immediately pushed for a relocation order. She refused to mediate after making very false accusations that I had anger issues. We were referred to complete a family review. The end result was the family review officer making recommendations to the court that my Ex relocate back so that shared care could continue. Initially, my ex agreed to return, but just before signing final consent orders, she has changed her mind and is refusing.

    My family law lawyer says all I can do now is go to a 3 days trial, which is likely to cost me around $30,000. Money I will very much struggle to obtain.

    My concern is that my lawyer gets paid either way. Would I be going to trial and spending $30,000, only to have a judge not agree to have my ex turned around? Does anybody have any similar experiences?

    I've done nothing wrong in our relationship, and have had nothing but my son's best interests throughout his life. I'm extremely close to my son and this was also indicated by the family review report. The thought of not being involved heavily in my sons life is too much to bear.
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    I'm sure your lawyer has already told you this, but it's impossible to predict the outcome at court.

    However, there are a lot of elements working in your favour, here, if what you have said above is 100% true.

    For example, the 50/50 arrangements have been in place for half of your son's life. That means there is a routine in place that he is familiar with and that has worked for both of the parents for a long time. The court will be reluctant to disrupt such a stable routine after having it in place for so long, and it may have concerns about the child's emotional well-being if he were to go from seeing you seven nights a fortnight to just three.

    Additionally, I want to add that it's not often three nights a fortnight is an outcome from court, these days. The distance of an hour, while not ideal, is not what I would call a deal breaker for more time. Even if 50/50 isn't deemed suitable, you'd probably still get 5 or so nights a fortnight. If she wasn't ordered to relocate and 50/50 was still an objective, then it might be worthwhile seeing if there are any schools in the halfway zone to pursue ordering his enrolment at as an alternative.

    You also have the benefit of a family report in your favour. The most important outcome from a family report is an assessment of the child's relationship with each parent, and if the expert has said the relationship is close and it's best that it continue, that is extremely good for your case.

    If I may, did the mother consult with you about the relocation? Did you agree to it? I assume not, if you pursued relocation orders straight after...
     
    Anubis likes this.

Share This Page

Loading...