Hi,
My partner's ex moved 400 kms away 18 months ago and family court orders are in place for shared parental responsibility of their 5-year-old son - consent needed before further relocation and every second-weekend visitation.
She's decided she wants to move back to where she's from (60 kms from us) and my partner granted consent for this move. But she has a new baby with new partner that apparently potentially requires urgent medical attention. So she wants my partner to sign a statement saying that after she moves back, she can move away again to a city at any stage with their son, if the health of the sick baby deteriorates in the rural area.
This is ridiculous and he isn't signing it. But when she moves back, do the basics of the family court orders still stand, other than specific locations that are mentioned? I understand this change in circumstances will meet the Rice and Asplund rule but that would take a while to process, therefore, I assume we're all still protected by the current family court orders, including consent needed for further relocation?
Also, would he have much chance in gaining more time even though they'll still be an hour away? Before she moved, we had his son every weekend. It dropped to every second because of travel time and she claimed he needed bonding time with the new baby.
Cheers
My partner's ex moved 400 kms away 18 months ago and family court orders are in place for shared parental responsibility of their 5-year-old son - consent needed before further relocation and every second-weekend visitation.
She's decided she wants to move back to where she's from (60 kms from us) and my partner granted consent for this move. But she has a new baby with new partner that apparently potentially requires urgent medical attention. So she wants my partner to sign a statement saying that after she moves back, she can move away again to a city at any stage with their son, if the health of the sick baby deteriorates in the rural area.
This is ridiculous and he isn't signing it. But when she moves back, do the basics of the family court orders still stand, other than specific locations that are mentioned? I understand this change in circumstances will meet the Rice and Asplund rule but that would take a while to process, therefore, I assume we're all still protected by the current family court orders, including consent needed for further relocation?
Also, would he have much chance in gaining more time even though they'll still be an hour away? Before she moved, we had his son every weekend. It dropped to every second because of travel time and she claimed he needed bonding time with the new baby.
Cheers