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  1. #1
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    Default Child custody and relocation advice

    Firstly, I'm not yet separated from my husband. I'm not even sure if I want to be. On the days I want to run for the hills I'm scared that the custody issue will be all too much to bear and I don't want to do anything without being informed.

    Long story short, our marriage is very broken and may or may not be able to be fixed.
    He's from Sydney and that's where his large family is from. I'm from Queensland with a small family but I have a large friend network. We currently live in Queensland.

    He's a really great dad and I know that he can't live without his kids (nor can I!) so I know he'd want to live in Sydney but there is no way I can move there.

    I just want to know.....

    If I decide to leave him, is there a way to negotiate this without going to court? Mediation?

    Are there laws/policies in place that states both parties have to agree regarding a relocation?

    If my children are established and stable here with me as their primary carer, is it more than likely I would be the one who gets custody? If we had to go to court of course.

    I can't really afford a lawyer and I don't qualify for legal aid so where can I go to get more information and ask questions??

    Many thanks

  2. #2
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    So sorry for what you are going through...as for your questions,

    In Family law before you can go yo Court you are required to aattend mediation and try to resolve the issues yourself.

    With relocation, in most cases there is a presumption that the children cannot be relocated, in a way that will make it harder to maintain a relationship with the other parent.

    There is no custody in family law anymore, you get orders relating to 1. Parental responsibility, that is long term decisions about the children, usually relating to education, health, religion etc. 2. Live with, in most cases as primary carer the children will live with you, unless there is risk to them and lastly 3. 'Spend time with' this will detail how much the children spend time the other parent, lots of factors go into deciding that.

    Legal aid, even if you don't qualify for grant, they have lots of information and also Lawaccess.

  3. #3
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    Thank you so much for your information. It's helped a lot


 

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