QLD Advice on family court matter

[Adamg]

So the basics are I'm in a relationship with my partner who has two kids. She is from Queensland and I live in Adelaide. She recently went to court against the father in QLD who had taken the kids from her in December after shes been the sole carer since their break up over 12 months ago. She is now also 10 weeks pregnant with our child.

He had then applied for full custody and orders so that she cannot take them out of QLD. We want to live in Adelaide. Obviously having the kids here is out of the question now.. but she still wants to have custody of the kids.

In regards to our court case. The judge had left the kids with the father until she has a suitable household in QLD for the kids to stay in. she has another court case in July and until then she has fortnightly visitation on the weekends. The judge had ordered that she attends them. The problem is flight expenses too and from Adelaide as we have mid wife appointments and scans. She didn't tell the court she is pregnant. Do you think this would make any difference to them being more lenient with her having to gp see them fortnightly?

My main question is we're wanting to stay in Adelaide until the baby is born and we're more financially stable to move to QLD. Shes afraid if she doesnt go for custody at the next court case in July she'll never have a chance to get the kids. Is this true? Is it still possible to apply for custody in the future?

Sorry for the poor explanation.

Thank you in advance!

 

[AllForHer]

The rule of thumb is that the longer a care arrangement is in place, the less likely the Court is to change it down the track.

How old are the kids? Did mum take them to live with her in Adelaide without dad's permission? What have the cars arrangements been since they split?

 

[Adamg]

The rule of thumb is that the longer a care arrangement is in place, the less likely the Court is to change it down the track.

How old are the kids? Did mum take them to live with her in Adelaide without dad's permission? What have the cars arrangements been since they split?

Thanks for your reply. She came here to visit with the kids so they could meet me. The dad freaked out and came down to "spend the day" with them. He picked them up and ran back to QLD. He still has them. Right now she does fortnightly visits but we'd like to do longer periods of time with them instead of back and forward over weekends. I'm also in the process of refinancing my home so i cannot sell and move right away. Was hoping too once the baby was born and we could buy a decent home in QLD and apply for custody and children living with us.

 

[Adamg]

Sorry forgot to mention age. Oldest is 6. Other is almost 2. Both girls

 

[AllForHer]

What were the care arrangements before she went to Adelaide? Is she in Adelaide now, or Queensland?

 

[Lennon]

What orders do you think the Judge should have made (given that there is no place for the children to live with you partner in Queensland)?

 

[Adamg]

What were the care arrangements before she went to Adelaide? Is she in Adelaide now, or Queensland?

There were no set arrangements. He seen them maybe one or twice and made no real effort too unto we got together.

 

[Adamg]

What orders do you think the Judge should have made (given that there is no place for the children to live with you partner in Queensland)?

Not quite sure but they don't know shes pregnant. He believes shes staying with her mum but shes here and flying up for visitation

 

[AllForHer]

Right.

So.

If I'm understanding this correctly.

Mum essentially moved her 2- and 6-year-old kids several thousand kilometres away from their familiar home and from their dad, without dad's consent, to meet and secretly live with a strange new man, less than a year after they had separated, when the kids would still be learning to cope with their parents' separation.

If mum was to seek residency of the kids in Adelaide, it would be a relocation case, and the biggest obstacle in relocation cases is the capacity of the relocating parent to support and encourage the kids' relationship with the other parent over the tyranny of distance.

Based on the facts as you've provided then, mum hasn't made much of a case for her capacity to support and encourage the kids' relationship with dad so far, has she?

And sounds like the Court has clued on to this as well - it's not often the Court will reverse residency in interim orders, especially for a two-year-old.

I would say mum's best chance of having the kids live with her again is to wait until she has moved back to Queensland.