NSW Family Law - Ordered to Move While Pregnant?

[Brigid]

Hi,

I've moved from Gold Coast to Sydney after separating with my partner. I'm 51/2 months pregnant.

If I give birth here, does it improve my chances of getting him to stay here with the baby? Will I get ordered to move back to QLD if we both agreed I love home whilst pregnant? Is there an age of my baby when a court would enforce me to move?

I have no family or support in QLD, would I still be made to move? I've heard it's within 200km of the father if so, can anyone confirm this?

Help please! I want 50 50 custody but want to stay in Sydney.

Thank you

 

[Brigid]

*Move* ot love

 

[AllForHer]

Until the baby is born, there's nothing dad can do about anything relating to family law, so it's best to consider the situation in accordance with how things will be after the child is born. That means that if the baby is born in Sydney, then that's where his/her primary residence will be, so the father can't seek a relocation order for the child if the child has never actually lived in Queensland.

Likewise, there is no age or distance requirements that would see you forced to move. To the contrary, it's more likely the Court would hope the father would move, but it wouldn't make that order since the child won't reside with him. Instead, it would look at how it can facilitate the child's relationship with the father, with consideration given to the distance that separates him and the child.

In short, you probably won't be made to move, and I only say probably because nobody can predict with total confidence what the Court would order in any given circumstance.

 

[Hayder Shkara]

If you want to stay in Sydney, stay in Sydney. There are currently no court orders for you to be anywhere, so you can be anywhere you want.

However if you want the father to be part of the child's life, especially because you want 50/50 custody, maybe you should take into consideration where he lives.

 

[Brigid]

Thanks for responding Hayder. If u give both and stay in Sydney with my support network, do u thin I would be made to move back to qld?

I'm open to any agreement that sees him able to see the baby I just don't want to move there as I believe then I will be stuck.

If you want to stay in Sydney, stay in Sydney. There are currently no court orders for you to be anywhere, so you can be anywhere you want.

However if you want the father to be part of the child's life, especially because you want 50/50 custody, maybe you should take into consideration where he lives.

 

[Hayder Shkara]

If u give both and stay in Sydney with my support network, do u thin I would be made to move back to qld?

Sorry I don't really understand this sentence, can you please elaborate?

 

[Brigid]

Thanks for responding Hayder. If i give birth in and stay in Sydney with my support network, do u think I would be made to move back to qld?

I'm open to any agreement that sees him able to see the baby I just don't want to move there as I believe then I will be stuck.

We could possibly work it out so a plan I have thought of Is I'm going to give birth here and visit him each month so we are both getting our time with family and then reassess after 6 months. I'd still be a nsw resident then so I gather my rights would still be the same or would giving it a go complicate that?

Sorry to be annoying; I really appreciate your help

Sorry I don't really understand this sentence, can you please elaborate?

 

[Hayder Shkara]

The court always looks at what is in the best interests of the child. Are you going to be able to provide everything for the child in NSW? Will the child have adequate contact with both parents, and both parents will be able to cooperate to facilitate the long distance visitations?

If you have answered yes to all of the above - I don't see there being a problem.

The only way you can be forced to live in QLD is only if the child's father goes to court and requests to have the child stay in QLD and wins. Which on face value of the facts, I think is unlikely.

 

[Brigid]

Thank you Hayder.

I am unemployed as I left my job in Syd to move to QLD, however, my parents are financially supporting me and pay my rent for me and I'm on benefits until I can return to work. Will that hinder me in anyway? The baby is well provided for as my parents are able to help me that way thankfully.

I'm happy for child to have contact with dad but he will have to come between his work would that be something that would go against me?

If all my support is here surely a judge wouldn't make me move to a state where I know nobody it have no family wouldn't that be a bad outcome for the child?

Gosh so many questions, again Thank you so much.

The court always looks at what is in the best interests of the child. Are you going to be able to provide everything for the child in NSW? Will the child have adequate contact with both parents, and both parents will be able to cooperate to facilitate the long distance visitations?

If you have answered yes to all of the above - I don't see there being a problem.

The only way you can be forced to live in QLD is only if the child's father GOES TO COURT and requests to have the child stay in QLD and WINS. Which on face value of the facts, I think is unlikely.

 

[Hayder Shkara]

What's your relationship like with the child's father? Are you talking? Has he said anything about you being in Sydney?