Legal Question in Family Law in Australia

Moving Interstate

Hello, I presently live in Queensland with my 2 children. My husband and I have just divorced and I have custody of my 2 children. My problem is I wish to move interstate to Melbourne with my 2 children.

Because of the no-fault divorce laws here in Queensland, and because I have court orders in place concerning the children and contact with their father, I am unable to move to Victoria without my husband's consent.

I am thinking of speaking with him and trying to come to an agreement about me moving to Victoria with the children, and agreeing with him on contact times throughout the year. My problem will be that I don't know if Ron (my husband) will agree with this. I cannot afford to go to court to contest this.

Any advice you have would be very much appreciated. Thank you.


Asked on 9/19/01, 5:18 am

1 Answer from Attorneys
Raymond Tan Tan and Tan

Re: Moving Interstate

I suggest that you have a look at http://www.familycourt.gov.au/ It has information regarding applications in regards to child contact matters.

You can apply on your own without using solicitors as all the forms for the applications can be found on the net.

If your husband does not agree to let you move intersate, you need to get a court order. To get a court order authorising you to move, you need to show that the move is for the best interest of the children.

Good luck.

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Answered on 11/05/01, 10:13 pm


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