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  1. #1
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    Default Moving away?

    Hi, I am asking on behalf of a friend who has separated from her husband. Her new partner lives and works interstate and she has just.... very unexpectedly fallen pregnant.
    ideally she would move to be with him as this is where his work is.
    She is really torn she wants xdh to have regular access to his children but he has been very irregular (cancelling visits etc.). Her and new dp are happy to help with flight costs etc for the children to have holidays with him. She also obviously wants to move on and create a home where her dp is able to work and support them all. If dp needs to move it will have a serious financial impact.
    Is it possible for her to move?
    She is currently waiting to go to court.... No orders in place at this point.
    Very grateful for any advice

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    Default Moving away?

    It's my understanding that she will likely be allowed to move as the courts can't prevent her from moving on, particularly when it's a long term relationship, she's pregnant and his career will be negatively impacted if he was to move to her.

    Has your friend asked her XH if he will agree to let her move? It only has to go to court if he refuses to give her permission to move the children.

    Google fmc decisions - you will be able to see transcripts of cases and see what the outcome has been.

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    Wow, that is a very tricky situation with her ex and her new partner in different states. I have no idea how that would work. It's bad enough in my case where my DD's dad and my DS's dad live an hour apart. I've just bought a house that is closer to DS's dad because DD's dad moved further away when I was pregnant and my family is closer to where my new house is. Your friend's situation is tricky indeed.

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    Default Moving away?

    Very tricky!
    I will google as suggested and see what I come up with.
    Thanks!

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    Default Moving away?

    Bumping for the morning crew

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    Default Moving away?

    Has anyone been in a similar situation?? Anyone moved away from their child's father without permission?
    My friend got legal advice and unfortunately it doesn't sound good.

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    Default Re: Moving away?

    I have moved away interstate without anything formal in place. I've had no issues myself but your friends situation could be different depending on her ex.
    As far as i know, the law prevents you friend from moving away without her ex's permission. If she chooses to move anyway, her ex can get a recovery order forcing her to return to her current location or surrendering the kids to her ex.
    I think there are some circumstances in which you can attempt to be granted the right to move on the basis of job opportunities, family support, etc but i would say it would be a difficult case to win.


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    I would suggest asking for the BF's permission, through mediation.

    I did this, and BF fought but eventually, with the help of a lawyer, say the light and agreed to us moving.

    Saves going to court

    If your friend just moves and BF isnt happy about it, the courts can order a recovery where the child must move back until a court decision is reached.

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    Default Moving away?

    Honestly I think your friend would be better off with her new partner moving to her, or commuting. She and her children are settled and if their dad is there then it makes sense to stay. Even with financial problems. A new partner and unexpected pregnancy aren't exactly stable long term arrangements that justify taking kids away from their dad IMO.

  10. The Following 2 Users Say Thank You to twotrunks For This Useful Post:

    Ellewood  (18-12-2012),shhhsleeping  (18-12-2012)

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    Quote Originally Posted by twotrunks View Post
    Honestly I think your friend would be better off with her new partner moving to her, or commuting. She and her children are settled and if their dad is there then it makes sense to stay. Even with financial problems. A new partner and unexpected pregnancy aren't exactly stable long term arrangements that justify taking kids away from their dad IMO.
    Agree 100%

    I think her staying put is far more important than her new bf's work. If he loves her he won't try to pressure her to move her kids away from dad, he should move to her. Has she really thought this through??

  12. The Following User Says Thank You to Ellewood For This Useful Post:

    shhhsleeping  (18-12-2012)


 

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