QLD Ex-wife relocating with Children - Possible outcomes?

[James Roberts]

I'll try and keep this as succinct as possible...
My ex wife and I both have lived, worked and brought up our children in Brisbane. We divorced about 2 years ago and have been separated for 4. Our children are nearly 10 and 8. We have both co-parented efficiently during all of that time, initially we had the children 50/50 though I work intestate for one week out of four, and to get this across the line we moved to more 55/45 in her favor. We have no legal court orders or parenting plan enforced upon us. My ex wife found a new partner as did I, and this has been the case for the last three years and all has been well so to speak. However, my ex wife and her partner purchased a house on the Coast 90 Km away form me. To date they have spent their weekends and the odd day at the coast (with the Children) but still work and live in Brisbane. My Children were born in Brisbane and also go to school here. My Ex Wife wants me to relocate to the Coast and for our children to be schooled their also. The benefits of this move are very favorable to her and very difficult for me in term of money, travel time and costs. I have explained this to her and she understands those issues but feels its still a better outcome for the children (and her). I don't want to move to the coast yet - I may in the future when the children are older in a few years or so or if my financial situation improves greatly. My question is what are the chances of her legally getting this approved by a court if I appose this? Any other issues I should look at?

 

[sammy01]

do you think they will move on the quiet? and without your consent?
mate, my concern is without court orders preventing the move you're in some trouble... Court orders that state no relocation would make your situation better, but even then, not rock solid.
As it stands she can move and then you have to apply to court.... That said, even with court orders, she could do the same... BUT if there were court orders that stated no relocation, that would help your case.

Your best bet at this stage is to make sure there is a paper trail - email / text that shows you don't agree with the relocation...

NEXT problem.... So in my situation, the ex said she was moving and if I disagreed she would leave the kids with me (sweet - happy ever after) but I could... So she knew she would not win in court because I was prepared to be 90% primary carer.... How would you go with that? because if you were in court and confronted with that option, it could hurt if you said NO....

 

[James Roberts]

They wont move on the quiet or without my consent - thats for sure. have a full paper-trail of all we have discussed over the last four years including joint calendars, helping each other etc. I can have the children full time if required, no problem.

Really i just need to know what the chances are of a court allowing her to relocate the children and attend a different school when it will be so much harder for me to the present and effective parent i have been over the last four years with us both living within 4ks of each other rather than her moving 90 Km away from me. She has a much much better financial situation than me because of her new partner, where as it will cost me a lot more money to relocate and also the extra travel each day to see my children as often as i do now and parent effectively - i would be travelling up to 4 hours a day just to make it work.

 

[Tremaine]

It’s hard to say how likely the Court is to stop mum relocating with the kids. There’s so many factors that could change the outcome, and so many unknown facts here, too, plus nobody can predict court outcomes anyway.

The Court doesn’t like to interfere with a person’s freedom of movement, so I don’t think it will stop her from moving, but I would say you’ve got a reasonable case to argue for the kids living with you instead of moving with mum. They’re settled into their existing school and community, you’ve had equal care for a long time so you’re no more or less desirable than mum for primary residency, and their ages plus the distance she’s moving aren’t together untenable for the kids maintaining a meaningful relationship with her under an every-other-weekend and half holidays arrangement.

 

[sammy01]

Relocation cases are the hardest to pick. I've been in your situation and spent hours trawling through court cases and for all of that I am none the wiser. So you're not gonna get an answer to the 'what are the chances' question.
I can tell you this - you have a lot going for you. If for example you only saw the kids on alternate weekends, then you'd be stuffed.... But with 45% care, you're on a winner.

The reason i think you should stress less is because the ex would have to initiate a court case and spend $$$ trying to get a court order and she would be advised that the chances of success are not good. So it comes down to a game of chess... Let's pretend for a minute that a solicitor tells her she has a fair, chance, maybe even a good chance of getting court approval. It is still a hell of a lot of time / energy and stress to exert when the final outcome could go against her.

My concern is that it is only 90km - When my ex moved away it was 500km. So weekend visits were not manageable... She could move and still facilitate you seeing the kids often enough. Sure less than is currently, but it would not be like you'd go months without seeing them.

My advice - say no... Now I'm not a solicitor - I'm a teacher - so something to think about... There is good research that shows that moving schools is more detrimental to a child's development than one might think.

AND - mate she wants you to pack up and leave because she wants to live 90km up the coast. You guys are divorced... IT is ok, to say no to her and frankly, this is a huge imposition to ask of you....

Just make sure you have clearly communicated (politely) that you're not agreeing to the kids moving up the coast. Make sure the communication is via text message so you have proof in the event this goes to court.

 

[Atticus]

As already advised, establish a clear written record of your opposition to the kids relocating... I imagine that her plan would be to have the kids moved to the new location by the time the eldest starts high school... If you are not ready to relocate yourself by that time, then you need to start moving towards some sort of a court injunction preventing the kids relocation without your consent pending final orders on the matter..

Once kids move into their teens and start making new friends and social networks, it's quite possibly where they will want to spend their weekends and holiday times as well