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Interstate Moves

Hi all,

Just seeking some general knowledge please, as I am new at this.

I am engaged, and have just been offered a good position back in Sydney, where both myself and my Fiancee are originally from. She has a great support network there, i.e family friends etc, as well as my kids, so this situation is a win/win for us.

Trouble is, the father of her 14y/o special needs daughter, refuses to consent to us going. Now as I have to start work in three weeks time, what do we do next ? We don't want to be seen to be breaking any laws, however as I am unemployed atm, this is a Godsend for us.

Thanks in advance
How far is the move and have you considered ways to keep contact for her daughter with her father.
Are there any court orders, ect?
Hi,



Yes , he's been offered once a month full weekend access, each school holiday block times, telephone and email access at any time, and we pay half the airfares as well as private school education ( she is currently in public school ) Brisbane-Sydney so distance is not that great bear in mind he now only has her second weekend 12pm Sat to 5.30 Sunday which suits his busy corporate lifestyle.
STEPDAD - I think perhaps your best option would be to try and organise a mediation session. You should come to any mediation open to consider options, and also prepared with different types of ways to resolve this issue as well.

I understand you need to move in the next few weeks. Getting into an FRC sometimes takes longer than that. If there are orders in place then perhaps you could consider moving now, and your partner moving once an agreement has been reached. Your partner may be in breach of the orders if she moves without consent.  Alternatively you could use a private mediator (you would have to stump up money for this though).

QLD to Sydney is a fair distance away. It will make things harder for the father and your step daughter to see each other. As it is your move that is creating the diffiiculty and causing the extra expense, you might consider offering to pay for all flights or at least 75%. You get more flies with honey and will have a better chance of getting an agreement if you are prepared to give more.

You may also want to ask the father why he is refusing - and try to get to the bottom of his concerns. If he is concerned about not seeing his daughter as often you may need to offer more time (perhaps every third weekend).
Okthanks for that. The time spent, i.e once a month ( two nights) will be the same as now , 1 night per fortnight so he won't be missing out.In fact the school holidays will mean more time for him according to what we have proposed . The divorce was far from amicable, so I'd imagine that this is where the problem lies. Anyway, I will suggest a mediation session to go forward with thisbtw, the Orders state the child lives with her mother, with access for 1 night per fortnight, and two weeks block time over school holidays once a year.It also states the Mother is not allowed to remove the child from the Commonwealth of Australia there is no mention of interstate moves.
You need to make an application for Relocation orders.

Be prepared to fund the father's travel expenses.

Maybe consider bypassing Compulsory Dispute Resolution as you have time restraints and there is a degree of urgency in the matter. Compulsory Dispute Resolution might take 2-3 months.

Instead maybe get Court mediation from a Family Consultant as the application is being dealt with.

4MYDAUGHTER
Check this links out..

http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/forms_fees/All+Forms/List+of+all+forms/FCOA_form_Affidavit_NonFiling

4MYDAUGHTER
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