Donate Child Support Calculator
Skip navigation

Father Needing Ideas as Mother wants to relocate

Add Topic

How to win a court battle over Mother wishing to relocate with 3 children 3 hours away from Father. My ex wants a fresh start as she puts it. I have told her she can relocate with her new partner and I will have the children live with me she has said ther

I am currently in the midst of going to Court to fight to keep my kids in the same town as me, I (the father)currently have my children around 150 nights a year this has been going on for the last 18 months and its worked well with my ex wife and children and myself.

We both have new partners which we live with and the 3 kids have an excellent relationship with them also my ex wife andand I split 3 years ago and now my ex wife wants to move 3 hours away with her new partner and relocate our 3 children with her as that is her dream to live by the beach.

I don't believe this is in the best interest of the children at all as all there family, friends, schooling and sport is her. They have no reason to move away.

My ex wants a fresh start as she puts it. I have told her she can relocate with her new partner and I will have the children live with me she has said there is no way that that will be happening and scoffs at me for making such a big deal out of what she believes is no big deal.

I would appreciate some advise on how to stop my kids being relocated without my consent….

Last edit: by Secretary SPCA

FYP,
If i were in your shoes, i would have said the same.

What age are your children?

Are there any court orders in place?

You say you are in the midst of going to court?

Has your lawyer prepared and filed documents?


There have been many Judgments on relocation, here are some recent decisions;


Attachment


Attachment

   

The kids are 10, 7 & 3 yes we have been to court already and we have orders in place that the kids are not to be relocated until the final hearing and if my ex and her new partner wish to move the can but the kids remain with me until the final hearing. I am happy to be a stay at home father but since that order was made my ex isn't moving until the final hearing and a decision is made by a judge.
When looking at the judgements it's important to be aware that FMC and even FCA judgements do not hold much weight - look at Full Court decisions.

A & A and AMS v AIF and Goode & Goode are all important. To find more up to date decisions, look for cases in the Full Court that have referred to these.

Moderator Note
Precedents will always trump case law. Full Court decisions do not always become precedents as they may contain technical reasons why the case was sent back. Case Law is used where there is no adequate precedent and do carry weight.
(see Precedents in the site glossary)
Every case is unique and not all Judgements fit like a glove.
Most importantly, every Judgement holds weight - its significance varies with each case!
Saying that FMC or FCA judgements do not hold much weight is a touch off key!

Moderator Note said
Precedents will always trump case law. Full Court decisions do not always become precedents as they may contain technical reasons why the case was sent back. Case Law is used where there is no adequate precedent and do carry weight.
(see Precedents in the site glossary)
Agreed, but a precedent matter in the FMC will usually only hold weight on appeal, rather than at first instance. It's unfortunate and causes a time delay, but unfortunately a court would most likely consider that the particular matter was either depending on the unusual circumstances or was incorrect until it was approved by the Full Court.
starlight said
When looking at the judgements it's important to be aware that FMC and even FCA judgements do not hold much weight - look at Full Court decisions.

Starlight I dont whether you are a one case wonder or someone with more theoretical knowledge than Court experience but you are confusing people by going on about Full Court decisions.

King & Finneran was not a full Court decision and Byrne & Byrne never even went to appeal. Are you actually trying to say the latter does not hold weight? Because if so you had better tell the Judges and FMs that have accepted it, that it should not carry any weight.

You interpretation is slightly off. Full Court appeals apart from errors in Law generally deal with the principles, interpretation of the Act and set guidelines. Case Law allows the Court to be more specific with similar type cases. Because there have been a great many changes since 2006 and apart from  Goode & Goode no ground breaking Precedents it is important for people to understand Case Law since 2006 and understand how a decision was reached.
In my second post I said "Agreed, but a precedent matter in the FMC will usually only hold weight on appeal". The decisions you referred to were not in the FMC, they were in the FCA... there is a big difference there.
starlight said
The decisions you referred to were not in the FMC, they were in the FCA… there is a big difference there.
King & Finneran was an FMC decision that went to a single Judge - it was not a Full Court decision.
Conan said
starlight said
The decisions you referred to were not in the FMC, they were in the FCA… there is a big difference there.
King & Finneran was an FMC decision that went to a single Judge - it was not a Full Court decision.

 Starlight, wasn't Byrne & Byrne before SJR Halligan?

1 guest and 0 members have just viewed this.

Recent Tweets