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  1. #21
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    If the father of the children does not consent to the move and your friend goes to court, the onus will be on her to convince the court that relocating is in the children's best interests.

    The friend will have to show that the new relationship is stable, that the partner cannot still continue with his job by doing fly in fly out, that the partner cannot get the same type of work by doing fly in fly out, that the children will not suffer by being taken away from their dad/extended famly/schools/established routines, that the children will still be able to maintain and develop a relationship with their father. The fact that your friend is pregnant may not carry much weight, particularly if it is very early in the pregnancy.

    Relocation cases are not easy to win but it does happen.

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    Default Moving away?

    Prob best to go to mediation to save a lot of money on court. I thought you could not take children out of the state without the partners permission.

    Exact same thing happened with my brother a few years ago, separated from his sons mother and she got pregnant pretty fast to a new guy and wanted to take their son to live in a different state. He got a court order very quickly to prevent her from going. It really depend on the father and If he wants to pursue a legal avenue to keep her around.

    A judge would prob agree that the current children need to stay near their father. Especially if the new child hasn't been born yet and it doesn't sound like a long term relationship. Tricky situation for your friend. Might be worse going to see a lawyer to see what the options are.

  3. #23
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    Default Re: Moving away?

    Yep. Same thing here, except I wasn't pregnant. I've discussed this in several other threads recently.

    I just wanted to move to be with new dp, I wanted to live.somewhere cheaper, I wanted to go uni. I didn't want to see his shag buddies around town.

    The ex made a verbal agreement in mediation, so off I went!

    Three or four months later, he retracted his verbal permission. You know, once I paid a semester worth of uni fees, got a new place, bond, lease etc.

    I could have kept her there. He threatened to take me to court in dramatic language ie "I will not be denied access to my daughter!"
    He would need to get a retrieval order. I don't know if he even would know to do that...
    But also, he's never really cared for dd. Never had her over night, never prepared her a meal. He suggested seeing dd one hour a week and struggled to show up to that.

    The ex, by his own admission, likes to act like a butthole. I returned dd to our old town, where he could see her once a week or whenever. I had to stay away in our new place and it was heart breaking but I couldnt afford to move back.

    But, another three or four months later, the ex is totally cool with moving again. Wants us to be friends. The ex is in the army, so whenever someone dies, he's always so damn nice to us afterwards!

    Right now I'm in the process of stitching up a cast iron agreement so he can't mess around with us again.

    Feel more then free to pm me. Actually, you totally should cos there's more I want to say... But I want to sleep now and I'll forget later!

    Good luck to your friend.



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  5. #24
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    Default Re: Moving away?

    And the thing with court is that even when every one thinks the decision should go one way, out can still go the other way.

    Spent from my dome. Excuse autocorrect

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    Default Moving away?

    There seems to be a lot of emphasis on interstate. Does anyone know how far (within the state) would be considered a reasonable distance for her to move?
    Even if it was possible for her dp to negotiate a roster which would allow him to fly in/ out they would need to move to be closer to an airport.

  7. #26
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    Default Re: Moving away?

    Quote Originally Posted by Jorja View Post
    There seems to be a lot of emphasis on interstate. Does anyone know how far (within the state) would be considered a reasonable distance for her to move?
    Even if it was possible for her dp to negotiate a roster which would allow him to fly in/ out they would need to move to be closer to an airport.
    I don't think there is any clearly defined distance but i know a friend of mine is not allowed to move out of the greater Brisbane area.


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  8. #27
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    Default Moving away?

    No there's no defined distance.

  9. #28
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    Quote Originally Posted by Jorja View Post
    Ummm I didn't actually ask if you thought she SHOULD move. I asked if it was possible....
    Obviously you do not know the situation with xh, his family or new partner.... So lets not jump to the conclusion that she is recklessly taking xh's children away on a whim.
    Thanks heaps to those who were able to give advice
    Your OP you stated she wanted to move because 'well that's where his work is'..... Sounds like she's putting this new guy before her children.

    I have no problem at all with mums living wherever they choose if they think its best for themselves and their children.

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    Default Re: Moving away?

    That's incredibly judgemental isn't it? Perhaps moving and creating A stable environment with this new guy IS putting her children first?

    Regardless, that's not what the OP its about, nor is it relevant considering this has been clarified already.

    Spent from my dome. Excuse autocorrect

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  12. #30
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    Default Moving away?

    How 'new' is this 'new guy'????
    Last edited by HugsBunny; 20-12-2012 at 10:19.


 

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