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  1. #1
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    Default Question re:separation and custody

    I'm wondering if any hubbers know, a friend of mine moved up Byron Bay way from Sydney with her husband and two kids from Sydney.
    The marriage has since broken down and she wants to relocate back to family in Sydney.
    Is there anything legally stopping her from doing that? He isn't keen for his kids to go but she has no support network up there.
    I know she can't relocate interstate without his consent but what about intrastate?

  2. #2
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    Quote Originally Posted by BubblesK View Post
    I'm wondering if any hubbers know, a friend of mine moved up Byron Bay way from Sydney with her husband and two kids from Sydney.
    The marriage has since broken down and she wants to relocate back to family in Sydney.
    Is there anything legally stopping her from doing that? He isn't keen for his kids to go but she has no support network up there.
    I know she can't relocate interstate without his consent but what about intrastate?
    I'm pretty sure she can't go that far without his consent as it would significantly infringe on his ability to see the kids. He would be able to apply for a recovery order to return her and the children to the area and it would be decided by the courts. It's in their best interests to agree and have a parenting plan or orders made.

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