NSW Final Orders - Relocation

[Samantha-Jane]

Just wondering if anyone has any experience with relocation, basically my career is interstate and I moved to NSW whilst I was on maternity leave, things didn't turn out so now I am seeking relocation back to where my job is interstate.

We had the family report done and I stated that I wish to relocate either way as I have no support/networks or job where I am currently and I never resigned from my career interstate. My question is that the father has put in his final orders that he wants our child to reside with me and he gets access on certain days etc. I have been told the courts can't force an adult to stay but what happens if the father says he doesn't want the child full-time but says its in the best interest that the child reside with me and we both live in regional NSW but I state that I am going back, what do the courts decide (even if they do say that the father is responsible/capable to care for the child) would they decide that if the father says no that they will allow my child to relocate with me. Would the courts actually make a child a ward of the state? Not that I would ever let that happen but I have the right of freedom of movement and to work in a job that would allow me to support my child in every way and a place that I have support etc.

Hope that all makes sense

 

[AllForHer]

They won't make your kid a ward of the state. That's an extreme measure and I assume your career would never supersede your child.

So, my first question is whether dad actually knows you're looking to relocate.

If he knows, and refuses consent for you to move with the child, but also refuses consent for you to move without the child, the chances of the Court allowing you to move with the child are pretty decent. The Court doesn't like to restrain people's right to freedom of movement, but it also can't force a parent to actually spend time with their child, so both of those things work in your favour if you wanted to relocate with the child.

If dad doesn't know that you want to move, then you need to advise him of such and find out what his position on the matter actually is. He may change the orders he's seeking to accommodate your relocation, whether that be for the child to live with you and spend time with him, or live with him and spend time with you, or something different entirely.

 

[Samantha-Jane]

He knows i want to relocate, we are pretty much in high conflict atm. There is history of dv matters and now he has made some bad accusations about me and is going to fight the recommendations that the family report writer recommended and contest the way in which it was done. I was lead to believe that the courts highly regard what the independant family report writer has said.

Just baffles me that in his final orders he is only requesting basically the same amount of access he has now, child isnt of school age yet but is saying im not a capable parent and that i have several issues and then he wants the child to reside with me. I have always been primary carer.

The next hearing is a directions hearing but he has filed a request for new intrim orders with conditions close to what someone on bail would get.

 

[sammy01]

high risk game... Court wont make you stay. Court is likely to ask dad does he want the kid 100% of the time, if he says NOPE they court will probably let you go..

My ex didn't bother taking me to court, we already had orders that said no one could relocate... She tried to bluff with solicitors but eventually left but the kids stayed with me. The one thing I had going for me was that I could prove that I'm a very hands on dad.

I have to go back because of my job defence MIGHT work if you are a marine biologist and are currently living in Broken Hill, Obviously marine biologist need to be near the ocean... But saying I have to return because I'm a teacher doesn't work, unless you're living in a place that doesn't have kids.

So what is it about your job that means you could not find similar employment in the current location

 

[Samantha-Jane]

Im in law enforcement and hold a senior rank and have been overall for 17 years in two states but currently 7 years in the state I want to return, not including my mat leave and without pay. The child was born interstate and the father and I met interstate and lived there for 7 years.

I have enquired in NSW but it isn't as easy and financially I couldn't do it.

 

[sammy01]

I'm a teacher... It is hard going across state boundaries... Probably same in the police...

My advice, you've said, you had the family report done? Take the advice in the report... If they recommend you don't relocate, give up... The mag gives that report heaps more weight than anything else