VIC Partner's Rights to be Closer to Son - Family Court Orders?

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AllForHer

Well-Known Member
23 July 2014
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Sorry, I misread, I thought that was the original location. I meant you can request orders through the court that the mother relocate from Canberra to wherever the original location was. My apologies.
 

Corinne

Well-Known Member
31 October 2015
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Ah yes I understand where you're coming from! She's had a baby with a bloke in the army when she moved so one of our orders sought is that my partner's son be brought back here so he's not shifted around the country at the hands of the defence force.

After reading massive amounts of material on these situations, the only conclusion I can draw is that it depends on the opinion of the judge you're assigned. They're all interpreting the family relocation laws differently resulting in major inconsistencies. I guess precedence doesn't come into play with so many variables.
 

AllForHer

Well-Known Member
23 July 2014
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That's correct, it is very heavily dependent on the judge assigned to your case and precedent cases don't offer much authority except in the way of obiter dicta because family law is legislated, which is superior to common law.

In my personal matter, our judge was renowned for favouring 50/50 arrangements and was described by one of the lawyers who frequented his courtroom as follows: 'He hates stupid women and he loves self-represented litigants'. Fingers crossed you get one of similar thoughts about fair and equal parenting.