ACT Wanting to be in Baby Boy's Life - Family Law Opinions?

[Migz]

Ethan did you get your paperwork done?

 

[Ethan Schofer]

Ethan did you get your paperwork done?

I haven't made any moves yet. Which I feel bloody awful for doing. My mum and I saw my son, M, not this past weekend but the one after, which was amazing. The dad and my ex brought M, and it all went smooth. The dad has said that the defence force are now moving him to Newcastle, instead of Adelaide (which is closer).

I have been losing so much sleep over what I should be doing. My family are so supportive and loving and are really switched on, and they have been saying that everything will work out in the end if I let my son go to Newcastle and see him every fortnight which my ex and her family have said they'd do.

I have thought long and hard about the life my son would be getting if I stopped him and his mother from moving to Newcastle. I honestly believe my ex wouldn't cope living without her parents, and that would be affecting M negatively. I am thinking that if i do decide to let him move away, I want to get a legal document organised that has terms and conditions about visitation.

I'm so conflicted on this situation and I'm sorry if you feel that your opinions had been wasted. I really appreciate all of your help.

 

[Migz]

Mate, not at all. It is bloody hard, I fight with it everyday, do I stay in my little girls life, or do I walk away as the mother (ex) won't even talk/email or anything anymore, my hours are ridiculously short each week, and the mother has even stopped carrying out court ordered video calls twice a week. And the worst thing is these Federal Courts allow it all to happen. Anyway I have another 2 Federal Court cases coming up this month, one for an Application in a case and one for a Contravention, as I have had enough, and I giving it one last big go before trial next March.

In your case you need what is called "consent orders" now hopefully your ex is able to discuss these with you moving forward, and save you the headache of court and the associated costs involved. Failing that you will need to take it to court just to get "orders" put in place, the first one being (1) The Child is not to live outside of the Shire of Newcastle" this way it locks in place the location of the child.

 

[sammy01]

ok so I think you have some wins here. Is moving to Newcastle an option for you? What about in a year or two.
Now my problem is the military brat. So what happens when the dad gets moved again?

So my thoughts - asking for consent orders. Sure they can move - but in return you have very clear rules about when you see the kid and a clause in there that if you move to Newcastle the time will increase to 5 a fortnight from the age of 4. And like Migz said a no relocation order...