WA Custody of Children - Move so Ex can See Kids?

[lauren]

Hi, I'm just after a bit of advice. My ex partner and I separated 2 years ago (separation). Together we have a 2 & 3 year old. Since separating he has spent about 2 hours with the kids, they don't know who he is. He is now living back in South Australia were he is telling me I am going to have to move back there so he can see the kids. Mind you, we moved over to WA together when our daughter was 3 months old.
He has told me he is going to take the kids from me and has threatened my partner several times. I just want to know where I stand under family and how I go about getting full custody of children.

 

[CathL]

Hi Lauren,
Do you have a Parenting Order or Consent Orders in place to deal with parenting arrangements for your children? If so, then you would either comply with those, or apply to change the order if your circumstances have significantly changed since the order. If not, then you may wish to put in place a legally enforceable order which sets out that the children are to primarily reside with you, and the amount of time that they would visit their father. Have a look at this LawAnswers post "Children Custody Rights - Travel Distance" that sets out information about legally enforceable parenting arrangements.

Have a look at LawAnswers Family Law Forum post 'Family Court Orders, Distance and Child Custody' and the Family Law Courts 'Relocation and Travel' page for information about relocation of children. Ultimately, what is in the best interests of the child is the paramount consideration. He can't just force you to move back to SA if there's no Parenting/Consent Orders and its not in the best interests of the children. Still, it sounds like you might need to be proactive with getting an order in place for parenting arrangements.

You might like to contact your local community legal centre or Women's Legal Services Centre for some more advice and practical support. Family Relationships also has an advice line.