VIC Family Law - How to Prevent Ex from Moving Away with Son?

[Jace]

My ex-girlfriend and I have a 5-year-old son. They currently live an hour away from me. I have just received information that suggests she is looking to move to a town 3.5 hours away from me.

Currently, we have no parenting orders in place, but she has just been served with family court documents to begin proceedings to create a parenting order that will include me having our son, at least, each weekend.

Now that she has been served with the family court documents, is there something I can do to prevent them from moving such a long distance away under Family Law? She is aware of what I am claiming in the parenting order, as she has received a copy of the Initiating Application as part of the documents served.

 

[Jace]

I own an iPhone 3GS. After I was finished with it and got a new phone, my ex-girlfriend used it (while we were together) as her own phone. After a few years of it being in storage, I have just found it today and turned it back on. It is currently logged in to her email account.

In the emails, I have found proof that she is planning to move 3.5 hours away with our son, as well as defamatory messages about me, and proof of other things that really should be presented in my upcoming court case with her (where I am applying for a parenting order because she's not letting me see him because she "doesn't like me").

I didn't hack into her email account, it was already logged in.

Am I able to use this information in family court as evidence?

 

[sammy01]

Hi Jace,

Nope, look I don't think any of that stuff is relevant and probably not even worth mentioning. You may have found it innocently, but it could easily be argued that it was stalking.

The strongest thing you have going for you is that she has not moved and she has been notified by you that you don't agree for her to move with your kid and that you have applied for court. Stay focused on that. If she moves after being served with the court notice, she is risking being forced to move back.

That said, you really wanna think about how much money you wanna throw at this. If possible, it would be cheaper to move to her preferred location and make the case for more time with the kid as a compromise, but let's just take very small steps.

Just out of interest, no AVO? No allegations of violence?