VIC Consent Orders - Wife Wants to Move Interstate with Children - Options?

[Jason Roberts]

We currently have 50/50 custody of children (week on/week off) arrangement for our 2 children via Court Consent Orders in place back in 2013. She now wants to move interstate with the children who have stated they do not want to go. We attended mediation and it was not resolved. She has now initiated court date in December in Adelaide. Her affidavit was lodged in October.

I was meant to receive it by 23 October but only received it on 2 November. Can the Court date be changed and is it advisable? As costs are so high, is self representation advisable? Any other mediation services available that would take in the children's requests?

 

[JS79]

In a case of relocation I would think to make sure you have the best chance of keeping them from going overseas that you have a lawyer represent you.

A lawyer would know exactly what cases to use to try and stop your ex from relocating.

See Get Connected with the Right Lawyer for You to be connected to a local lawyer who specialises in family law.

 

[AllForHer]

How old are the kids?

 

[sammy01]

I was kind of close to your situation. I had 5 nights a fortnight with the kids and my ex was making rumblings about moving 6 hours away... My ex threatened to go to court but I think she realised that she would have limited chances of getting a good result and gave up.

My thinking went like this: I was going to self represent for as long as I felt comfortable but I expected that if it went to a hearing, I'd get a solicitor...

So my thoughts go like this: look don't fret about asking for an adjournment unless you get a solicitor and they advise differently...

Be up front with the intention to make the magistrate understand that you can't afford representation and intend to self represent. It is my understanding that some magistrates are more accommodating than others. So if you rock up and the magistrate says you are a fool for not having representation then go and get some representation. If magistrate says "good", then continue with self representation...

Go and get a book from the library called "Breaking Up" By Robert Larkins. He is a barrister and wrote a how to book on self representation. It is a must read for anyone thinking about self representation.

But look, legal representation is a bloody good idea.