Donate Child Support Calculator
Skip navigation

Am I able to move where I please ?

Add Topic

Can I move where I please, even if there is a court order in place & a new one pending?

Could anyone please advise me as to what my rights are as to moving.

To put it simply,my ex & his family are constantlytrying fo find out my every move, in so much as they question my child's friends parents.

They don't approve of my new partnerand they are just downright trying to make my life miserable.

Ihave even had them snooping in my back yard when they thought I was not home!  I have had enough of living in the same area and want to move.

There is a current order in place which gives the father fortnighly access and half of the school holidays, although he is taking me to court for shared access, to which my child does not want.

Am I able to legally move to anywhere I please?  Or do I have to stay in the same state?

I need a life away from all the control freaks!
There would be no point even thinking about moving till the court has addressed the issues because it could see you being told to relocate back again.

You responsibility to your child would be considered such that the relationship with their other parent is made viable, which basically means you stay close enough to not inconvenience their relationship.

There is the point where the child will be listened to in court but this will be an age regard, you could go down the track of AVO's or when you do appear in court try to have certain restriction put in place in this regard.

The best idea is to just try too ignore the (rap and ask people to not discuss your private affairs.

How old is the child concerned ???  

Am I able to move where I please ?

The child is almost 8.

I have been intending to move for some time to be nearer to my family and also to give my child more oportunity.

I hadrecently attempted to obtain an intervention order on the father (as he has been violent and abusive in the past), on the advice of my solicitor, because of a breach of the order.

I was fearful of the repercussions of withholding contact.

A member of his family attempted to take the child without my permission (they had been notified that contact was not to occur) and has hurtthe child while doing so.  Hence another application for an intervention order and the involvement of the police.

The magistrate stated that it was a family law matter!  So I feel that an AVO would be difficult for me to obtain in these curcumstances.

It has been an ongoing problem, with my privacy being invaded by the father's family for some time.  I feel the only way that I can get around it is by moving from the area.
I agree in the circumstances an AVO would not suit the circumstances if the police consider it a family law mater.

Because peoples circumstances do change and relationships do become stressed near the end the court does need to consider that parents can change in respects to antagonising each other and that when separated and away from each other the possibility of the child being effected is reduced and because the situation is no longer there. This means the childs environment in both homes is productive to the best interests of the child.

To follow references to the past would be seen as trying to control and manipulate the outcome of the court.

If the child has been hurt by a person outside yourself and her father it could be suggested this is a separate incident and would not be considered against the father.

Many of us suffer from issues to do with our privacy but sometimes they can be to do with concerns for the well being of the child perhaps overzealous parenting but to the other parent they may be legitimate concerns, I don't know if you fall into this category but in time things do die down, being in a small town I understand your concerns but it's just something that one needs to change their personal outlook on, the more you react the more the situation is fed.

Moving away from your childs father would be considered destructive to the childs relationship and will not be a wise thing to consider in the best interests of the child on an emotional and social level especially at such a young age when children need positive relationships with both parents.

On the legal side of things I have read many cases and talked to both mothers and fathers who have been made to move back to the area they have left and until they do the children have lived with the other parent.

The courts are not interested in how parents feel about their situation but more concerned with the best interest of the child and their emotional, social and mental development. More and more the courts are making judgements towards these goals to ensure the child has satisfactory and some cases significant contact with both parents.

Perhaps a change in direction may be more to advantage than attempting to relocate. I can attest to the benefits of a positive attitude towards the other parent even if they are causing trouble, it effectively means a more enjoyable relationship for the child with both parents and a lot of the other problems slowly disperse.

You could formally request that the other parent stay away from your environment and respect your space so to speak, something that are beneficial take effort and trust me I am well aware of how much effort they take.

hope this helps a little.

Am I able to move where I please?

Thank you for that advice. I do understand that it is much better for the child if both parents are able to get along, but I have found in the past that when I have made an effort to get along with the father for the childs sake, he has taken it to mean that I want to get back with him! Even though I have made it clear to him that I am not interested. He then has alot of animosity towards me and I then find it easier to avoid him  rather than being abused.  Not only do I want to give my child more opportunity, but I also want to be able to  be nearer my own family so  that we have more contact with them. I also want to be able to have a life  without having to be concerned that any of my actions  will be misinterpreted by  the ex and his family. Surely I would not be forced to move back into a town where there is little or no job oportunity, if I were to move to a place where there is more to offer, even if it means that the father would have to travel for his access.

 At what age does a child have a say in the court?

Wanting to move

Firstly I will answer the question about moving.

You do not have the right to move interstate just because you want to. Any move you make will probably have the father taking legal action. Were the orders you have by consent(you and the ex agreed on them) or imposed by the FM/judge? Was your location discussed during your court case?

As the child is only 8 years old, the court will not take their view in to consideration - they are wary of parents coaching the child to say what the parent wants, not what the child wants. A child normally has to be between 12 - 14, depending on maturity, before a court listens to their views.

I would consider taking an AVO out against the family and/or the father - they should leave you alone. Note: this WILL NOT make it easier for you to relocate.

If the father is taking the issue of increased time, to court, then you can discuss relocation in court. You will need very good grounds, and ease of contact for both parents is an issue.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Unfortunately there is no specific age given but rule of thumb suggest 14 years old plus.

It can be considered in some cases that before this age a child could be subjected to coaching by both or either parent so the child is strongly influenced by one or other of the parents to effectively dilute a relationship.

I found using a neutral change over point was beneficial to reduce abuse and conflict that was initiated by my X but there also came a time when I had to refuse to discuss any issues at change over , it was awkward to keep reciting the same thing but in the end it was successful.

Because of circumstances that were beyond my control I have had to live away from my family in a small town with some but little support and initially abused by a controlling X partner. The reality was fairly hard for quite some time but it was the best thing to do for my daughter to secure a good consistent environment for her and has taken some years to achieve equilibrium. I had to move above a lot of small mindedness but it is possible.

Right now you need to consider where everything is at with legal concerns and how moving would look if there is a change in orders being sought. You would be the one seen as being manipulative and alienating the father, this would increase the courts sympathy to him and whether the move would be considered a selfish act would depend on the reasoning behind it, there is a good probability it would be considered selfish and defiant.

If there is a reasonable case then the court could order you back and remove the child to their fathers, I have known this done with young children until the mother has returned to the specific area in the state, then ordered contact has resumed with the mother being the one with weekend visitation.

There is also a case for travelling costs going to the party that has moved if in this case ' the father ' agrees to the move.

The things I have mentioned have taken place in the last year and are from people who I have spoken to and know to have happened.

Just picking up and leaving can be a big mistake and you really need to consider an alternate way of getting round the problem.

Courts work mainly on evidence or fact and consideration that both parents remain in the childs life perhaps mediation may be an option for you both to discuss the issues ?
   
1 guest and 0 members have just viewed this.

Recent Tweets