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Brisbane Family Law Blog

29Jan, 17

Be proactive and be in control.

Part 2.  Consent and children relocation.

In our last blog we talked about how to stop your ex from leaving the country with your child without your consent.  Today we are talking about how to stop your former partner from moving away from your city or state with your child without your consent.

It is most often the Court’s view that all people should not move a child away from where they have been located for a period of time until the issue can be sorted out properly.  This is generally the case unless there is a risk of harm to the child / children of not moving away such as a threat of neglect, emotional or physical harm to them.

So what can you do if your child is moved away from you without your consent?

If you have a relationship with your child and they live with or spend time with you on a regular basis (even if that time is substantially less than the other parent), Australian Family Law advises that the child’s time with you should not be disturbed except by agreement or for a particularly good reason.

If you suspect your partner plans to move away from your city or interstate or has done so already without your consent you should apply to the Family Courts as soon as possible to have the child returned to their normal living situation (as closely as that can be achieved).

If through mediation (which is required before filing an initiating application for children’s matters, except under urgent circumstances) you cannot resolve the issues that come with a child being moved a significant distance away from you then the Court will help you deal with the issue.

If there is a risk of harm to the child in the move then a Court will more likely than not intervene very quickly.

If practical the Court may make an interim Order that the child return to their normal living situation whist the matters are sorted and a determination is made about their longer term care arrangements.

The onus will then be on the parent wishing to move away to demonstrate to the Court why the move is in the best interests of the child giving consideration to all of the child’s circumstances.  This can be a significant hurdle to overcome for the parent wishing to move.

To understand exactly how to stop a parent from moving away with a child from their normal area expertise in Family Law is essential to give the best chance of success.  See a family layer or even better and Accredited Specialist Family Lawyer to help you if you are caught up in this difficult and often complex situation.

But act fast as should the move occur and the child become settled for a period of months or years then a Court will be reluctant to disturb the child’s living situation again without good reason.

 

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