Legal Question in Family Law in Australia
Movement of child from one state to another
Can a child be taken from one state (WA) to another (SA)by a parent without the express permission of the other if divorce proceedings have not been finalized or started.
1 Answer from Attorneys
Re: Movement of child from one state to another
Relocation is one of the more complicated child related issues. The starting point is to recognise that any citizen of australia is free to move around the country as they see fit, unless it offends some more specific law. You then look at the Family Law Act, which says that arrangements must be put into place that best serve the interests of the children. Accordingly in the situation described, if you apply to the Court, it will usually order the other parent to stay put until the Court can more properly investigate (via a trial) whether or not the proposed move is in the childrens' best interests. Now that you know about the move, if you oppose it you should act quickly. You should obtain the advice of a family law specialist as soon as possible.