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  1. #1
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    Default How far can you move??

    Does anyone know how far you can move away from the kids dad without getting him to agree??

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    I believe as long as its not interstate as far as you like

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    Quote Originally Posted by mummanna View Post
    I believe as long as its not interstate as far as you like
    I think you'd have to check on that, I think it would also depend on how much contact the ex has with the kids.

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    Well I moved just over an hour away and got dragged to court and ordered to return to the original town pending a final hearing/decision from the magistrate.

    Thankfully, XH dropped the case and agreed to let me move.

    I think it also depends if you live in the city or the country. Apparently had we lived in Sydney or Melbourne etc, me moving an hour away wouldn't have been deemed 'relocation'.

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    80kms or less and he cant contest it is my understanding.

    But you can move as far as you like as long as he doesnt contest it. If he does contest i think you may have a chance to override it if your moving for enployment opportunities, etc. Ie you have a reason you can document. Your best bet is to negotiate a move and visitation plan with him, and then get it in writing.

    I live interstate from DDs dad no dramas

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    When I separated from ex DP he moved 600kms away from DD.

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    Quote Originally Posted by raracookie View Post
    When I separated from ex DP he moved 600kms away from DD.
    Yes, the non custodial parent can move wherever they like.

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    You can move as far as you like as long as there is no change in distance for him to travel for pick up/drop off the kids and it can not affect his role in the kids life. there is no set kms or anything it just can not affect his tiem with the kids. SO if you move an hr away- you cant expect him to travel the further distance for pick up/drop off you will need to do that. '

    the other parent can move anywhere they like.

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    You need the BFs permission to relocate from the town you both lived in with the child. Doesnt matter if its 100k or 1000k.

    If you can agree, thats awesome. If not you can move but BF may and can apply for recovery orders.

    If he did apply for a recovery order, its a lengthy court process where you can both state your case, but while waiting for court the court can order you back until a decision has been made.

    I think it's pretty unfair if a father has little do do with the child and your moving for family support etc. Although if the father never saw the child I guess they wouldn't argue/know about the move. Good luck.

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    As long as a piece of string, as little or as far as your circumstances allow pretty much. It will be variable for everyone and their circumstances, it will depend on the relationship the non custodial parent has, where you are moving from and to and your reasons for doing so. The only way to know for sure if you would be likely successful in your petition would be to talk to a lawyer before making the move. It could be costly to move and then forced back. BTW you would not be forced back, only the child/ren, though its unusual (though not unheard of) for the parent to remain behind while the children return.


 

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