QLD Relocation

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check2120

Member
9 November 2020
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If my ex partner is doing up his own consent order to give me sole custody (he is abandoning our children giving me full time and all parental responsibility), does this mean I’m still bound to keep within an accessible distance of living? Or am I free to move as I see fit?
 

sammy01

Well-Known Member
27 September 2015
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Why do the consent orders? BTW they're likely to get knocked back. Parental responsibility isn't something you can choose to relinquish, it can be taken from you if you're deemed a risk to the child.

So consent orders that say the child will live with mum and visit dad by mutual agreement is a better idea. BTW IF dad is doing this to avoid child support it will fail.

So you can move unless there is an order saying you can't.

Look my kids live with me, see the other parent a few times a year. The only time there has been a problem is when it comes time to apply for a passport.
 

check2120

Member
9 November 2020
3
0
1
Ok thank you. I thought there was some rule so you had to be in the same city or close to, in order to access.

I think he’s doing it because he pushed me to court without mediation fighting for inappropriate parenting orders that he didn’t really want - the whole thing has been to push me around and exhaust me emotionally and financially- only to then turn around and say they want to write an order giving me full custody/parental responsibility and that any time he sees the children will be as agreed between parties and he wants some kind of standard authority orders to simply access information About their education and health records.
He has refused to speak to me at all since abandoning us - so the idea of both making decisions about the children is literally impossible.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
What's actually happening here is that he is trying to get out of paying Child Support.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
"He does have a lawyer ... would’ve thought he’d be advised that’s not a thing."

Nope lawyers know the law. Child support rules are different to the law. The child support rules are an administrative process separate to the family law act. Not your job to tell him...

My advice - seek orders for you to be the primary carer and dad to have time with the kids by agreement.... Once the ink settles on that you can move because there is no order stipulating both parents continue to reside within XXX amount of kilometres from ???

You can sell this to him as if you die the kids go to him...