One of the most common questions we are asked is… Can I take the kids and not tell my husband/ wife or partner?
Unfortunately in most circumstances “NO”. If the circumstances are such that there is no alternative but to move away from the family home with the children it is essential that anyone contemplating doing this obtain legal advice on their rights to remove the children if they intend doing so without the other party’s consent.
There may be circumstances which would justify this course of action and your family lawyer can advise you of your rights in such circumstances.
Ordinarily the Courts will not allow a parent to “unilaterally” make such a decision. It is a major decision as far as the children are concerned.
The Court has power to order the return of the children to the matrimonial home even if the person who removed them from the home does not return to live with their former partner.
Obtain legal advice prior to any move, and your first consultation is free. Please call 1800 217 217 to arrange a convenient time or visit familylaw.aylwardgame.com.au/contact