QLD Can I Move from Child's Father's Work Area?

[ShanTirie]

Keep this family law question short. I'm moving back to Qld and have just been advised by my daughter's father that, because he works within a 100km radius of the town we're moving to, it'll be difficult for me to leave the area. Please note his residence is at the Gold Coast but works within 100km of Chinchilla. I also have 3 younger children and a single mum.

 

[AllForHer]

Just to clarify, you're moving closer to the father, is that right?

 

[ShanTirie]

No its just closer to where he works apparently.

 

[ShanTirie]

No its just closer to where he works apparently.

Not where he lives

 

[AllForHer]

I see. What is your legal question?

 

[ShanTirie]

I see. What is your legal question?

If i move within that radius of his work (not his place of residence) can i legally move again

 

[AllForHer]

Yes, you can, provided there are no orders binding you to that area, but if you're the residential parent and the move significantly impacts your child's ability to spend time and maintain a meaningful relationship with the father, the father can apply for a recovery order for you or the child to relocate back to your former area.

The court is focused on where the parents live, not where the parents work.

 

[ShanTirie]

Yes, you can, provided there are no orders binding you to that area, but if you're the residential parent and the move significantly impacts your child's ability to spend time and maintain a meaningful relationship with the father, the father can apply for a recovery order for you or the child to relocate back to your former area.

The court is focused on where the parents live, not where the parents work.

Thank you. That's what i thought. Orders are in place but we were in Rockhampton when they were put in place. But the father signed off on us moving to Perth. We've since lived in Cairns and now northern Nsw. So the orders now do not maintain that i stay in one area. His work and residence are about 400 km apart. He was trying to tell me his lawyer stated if I move within the location of his workplace it would be difficult to leave again. And as you stated this concerns his residence not his workplace. Thank you again

 

[AllForHer]

If he has approved several prior significant relocations and still been able to maintain a relationship with the kids, it would probably be difficult to argue for a relocation order anyway.

 

[ShanTirie]

If he has approved several prior significant relocations and still been able to maintain a relationship with the kids, it would probably be difficult to argue for a relocation order anyway.

Thank you so much. It was as i thought.