ACT Ex wants to relocate interstate with child

[mikey123]

My ex-wife and I share custody of our 12-year old daughter. I have 4 nights/fortnight plus half of school holidays through a binding child support agreement; this has been the situation for three years. Now she wants to relocate interstate (8 hours' drive away) to look after elderly parents. I am totally against this move as it would make a huge difference to time spent with my daughter. How do I proceed?

 

[sammy01]

You tell her that you don't give permission and that if she relocates without your consent you will apply to court to have the child returned. I'm a bit concerned about your terminology... You said you have a binding child support agreement? Do you mean you have consent orders that stipulate the time you have with the child? A binding agreement pertains to money NOT child access - Child access is expressed in court orders / consent orders / parenting plan. The advice I'd give changes based on your answer.

this gets messy... WHAT IF? what if, she says OK, the kid can come live with you? Do you agree? IF yes then GREAT... If no, it gets messy.

With 4 nights a fortnight and half holidays, a court would be likely to refuse the move - however, relocation cases are the least predictable part of family law in my opinion. But I really would encourage you to write to the ex via text or email.. I'd write something like this.

Dear ex,
You have communicated a desire to move 8 hours away with XXXX. I do not give permission for this relocation. I will be relying upon this piece of communication in the event that I need to seek redress through the courts as a result that you choose to move with the child without court approval.

Basically, you are putting her on notice that you will not just let her go. Mate I've been in the same situation. I got letters from solicitors telling me that I should just accept it because the ex would take me to court and win... That got me a bit scared BUT it never went to court and the ex left the kids with me...

 

[mikey123]

You tell her that you don't give permission and that if she relocates without your consent you will apply to court to have the child returned. I'm a bit concerned about your terminology... You said you have a binding child support agreement? Do you mean you have consent orders that stipulate the time you have with the child? A binding agreement pertains to money NOT child access - Child access is expressed in court orders / consent orders / parenting plan. The advice I'd give changes based on your answer.

Sammy, thanks for your reply. We have a binding child support agreement which states that "The father and mother have reached agreement as to the care of the Child....", stating the time agreed as above. There are consent orders which covered financial assets but not parenting orders.

 

[sammy01]

yup not too sure about all this.... binding agreement pertaining to child support... BUT not parenting orders that stipulate when the kid sees you...

 

[mikey123]

yup not too sure about all this.... binding agreement pertaining to child support... BUT not parenting orders that stipulate when the kid sees you...

It was the result of many hours spent at RA, if you've been through that?

 

[sammy01]

Yep done the RA thing... So you have a binding financial agreement that stipulates how much $$ you pay?
But you don't have any binding agreement (consent orders) about when the child spends time with you?

I get your frustration... But it is all about terminology... If all you have is a parenting plan that states when the child sees you, then that is not binding. So in some respects it would be easier for her to relocate. BUT if you have consent orders stamped by the court that confirm the details of when you see the child, it would be a bit tougher for her to relocate... I'm just trying to understand the paperwork you have so I can give you better advice.. It would appear you have a 'parenting plan' that is not stamped by the court and as such is not legally binding.

BUT

The most salient point is this... You have had 3 years of 4 nights a fortnight... That is a huge win if you ever had to deal with court... Best interest of the child is paramount... So she would have to be able to prove to a magistrate that removing the kid from you, so mum can look after elderly parents is in the best interest of the child.... I reckon that would be tough argument to win.... But you need to make sure you can prove to the magistrate that you have not agreed to the move...

 

[mikey123]

Yep, I'm pretty sure that according to the terminology we have a parenting plan that is not legallly binding