Legal Question in Family Law in Australia

Moving Interstate.

I was divorced in '98. Have 3 children aged 19.11, 15.8, & 14.7. The ex has had no contact with eldest for 3yrs, 4hrs fortnight with second and every 2nd weekend with youngest when it suits him. No school holidays.

I would like to move from NSW to Gold Coast. Do I need to get his approval for this move. He told the children he had heard of my plans and that they would have to move because he didnt want them to live with him. ( He remarried). Then he said ''she'' needs my permission anyway.

As the children are older, I didnt think I needed such permission. Please help. Many thanks


Asked on 5/31/04, 6:28 pm

1 Answer from Attorneys
Greg Shoebridge Simonidis Shoebridge Lawyers

Re: Moving Interstate.

Its not so much a case of needing someone's permission as it is a case of making sure that appropriate arrangements are in place for the children.

Generally speaking, the best thing to do is put your plans in writing to him at least a few months in advance. This does two things, firstly it gives him time to raise any objections with you and if they can be addressed the move happens without any fuss. It would be sensible to at least get his agreement in writing, and out of an abundance of caution you might even consider varying any existing orders.

The second thing that is achieved by advance notice is some better protection for yourself if he doesn't say anything before your move but complains about it afterwards. The court will accept that you gave him every chance to voice any objection earlier, and might therefore wonder if his objections are really serious.

The proposal should set out when you are moving, where the children will be living, which school they will be going to, what you propose in terms of contact, etc.

Read more
Answered on 5/31/04, 6:39 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Australia