View Full Version : Moving interstate- what are the rights of the ex-husband?
My hubby and I want to move interstate. I have three children from a previous marriage and I'm concerned about whether or not my ex-husband has a say in my choice to move. Does anyone know of someone who was able to do this without too much troube or are there laws in place which prevent me from doing this?
I'm not sure about the laws, but my mum moved me and my brothers to Qld from Vic about 12 years ago now, leaving my dad in Vic. I think that you need to have his permission, but don't quote me on that, coz I was only 10 when we moved here! Good luck.
It depends on his level of access and if he wants to continue it. My husband's ex has said many times that she is going to take his two kids either interstate or overseas (to live). She never has, but it was enough to get him to gear to get some family court orders. As far as I know these were 12A papers. If he has no objection - no problems. If so - he needs to get these papers organised - you'll need to check with the family court as to the section (as I said - I think it was section 12A, but I could check it more thoroughly if you want).
If my stepkid's biomum wanted to go overseas - then my hubby would have to sign papers for the passports - going interstate is a bit more of a fine line. With the court orders, they are not supposed to go unless there is notification and agreement.
If your ex doesn't have any access - then bottom line is it doesn't matter.
Hope that helps.
Thanks for the info. At the moment he has access but there are no formal court orders outlining what that access is. I personally would prefer that they had minimal access to him because he's not the best example for them etc but I wont go into that here. We have notified him of our plans via email, but so far we havent received a reply except through the children who tell us he is planning to take us to court. I had previously been under the assumption that as long as it is within Australia, that its quite simple and straightfoward to do, but since I've started to look into it I've found its not as clear-cut as that.
Anyways, anyone else who has gone through something similar of had any info I would greatly appreciate some more advice from.
Hi, I don't have any info on your question, but have moved your thread to the Family and Pets section for you.
Bub Hub Community Forums > Friends' Chat > Family & Pets
Just tread carefully with this as when I left my sons father (moved from Townsville to brisbane) I was told by my solicator that the father can get court orders that will make you return to when you have moved from regardless weather you have set up home else where
You will probably be responsible for half the costs of access visits, flights etc.
Expect him to fight it, it's a huge thing to take somebody's children far away.
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