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How do I stop my ex from moving so far away with my child

My son is nearly 7 years old. I have been separated from his mother since he was 11 months. After a rocky road with spiratic access to my son I employed a lawyer, went to mediation and had consent orders drawn up abou 6 - 12 months after the separation. About the age of 3 my son was diagnosed with autism, which I have financially supported with councellors etc.

In these consent orders I have access to  my son every weekend… (2 days/ nights, 1 day/ nights - alternately). Over the past 4 years I have taken my son practically every weekend 2 days/ nights (through mutual agreement). Recently my employment changed and i have had to cut back to 1 night most weekends - yet my ex won't allow me to take the 2 nights as per the orders (as she says they no longer exist). She has also denied me access over weekends that were rightfully mine with no reason.

She is now saying that as she is being evicted (and won't get a job as she says it affects her benefits too much!) that she is moving to the central coast which is about an hour and a half away from me. She will therefore be taking him out of his school from which we have just organised a special needs aid to assist my son with his different style of communication.

Moving so far away will affect my influence on my son of which he needs as my ex is (undiagnosed) Bi polar… manic depressant, anciety attacks on and off - in short I am the stable one in my sons life.

How do I put a stop to her moving so far away… and how do I do it quickly?
Is there any thing in your orders that mention moving from an area?

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. 
No. The Consent orders are detailed (over 7 pages) yet don't state orders regarding moving.
Smoky said
…. About the age of 3 my son was diagnosed with autism, which I have financially supported with councellors etc.
It is a new industry for therapists so it is very important to diagnose as many as possible with autism spectrum disorders. If you look at schools 20 years ago and the same schools again today. Look how many children have autism related issues diagnosed 1:100. Kids years ago were "different" today they have a new label and there is funding from Federal Government, State Government and AIFS for schools to employ additional resources. So the point is that many kids have this label and much is being done to support them today.
Smoky said
In these consent orders I have access to my son every weekend… (2 days/ nights, 1 day/ nights - alternately). Over the past 4 years I have taken my son practically every weekend 2 days/ nights (through mutual agreement). Recently my employment changed and i have had to cut back to 1 night most weekends - yet my ex won't allow me to take the 2 nights as per the orders (as she says they no longer exist).
You have orders by consent and if lodged at a court will have be able to be enforced further as a binding document.
Smoky said
She has also denied me access over weekends that were rightfully mine with no reason.

She is now saying that as she is being evicted (and won't get a job as she says it affects her benefits too much!) that she is moving to the central coast which is about an hour and a half away from me. She will therefore be taking him out of his school from which we have just organised a special needs aid to assist my son with his different style of communication.

Moving so far away will affect my influence on my son of which he needs as my ex is (undiagnosed) Bi polar… manic depressant, anciety attacks on and off - in short I am the stable one in my sons life.

How do I put a stop to her moving so far away… and how do I do it quickly?
If the orders are enforceable you could lodge a contravention proceeding with the Federal Magistrates court nearest you covering the contact issues. The affidavit should also detail what is proposed in relation to her moving away. You may find that will be dealt with at the time the contravention is dealt with. It will certainly start discussions and show you are far from happy with the proposed arrangements. You might also go straight away to an FRC (a family relationship center) and get some discussions under way. 7 pages seems a lot of specific orders so its hard to suggest a course of action without more info.




Executive Secretary - Shared Parenting Council of Australia
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