Does anyone know how far you can move away from the kids dad without getting him to agree??
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25-06-2012 14:23 #1
How far can you move??
25-06-2012 14:35 #2
I believe as long as its not interstate as far as you like
25-06-2012 14:37 #3
25-06-2012 14:39 #4
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'.
25-06-2012 14:40 #5
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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25-06-2012 14:46 #6
When I separated from ex DP he moved 600kms away from DD.
25-06-2012 14:49 #7
25-06-2012 16:56 #8Senior Member
- Join Date
- May 2007
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.
25-06-2012 16:57 #9
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.
25-06-2012 18:31 #10
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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