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Preventing Interstate Relocation with children

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I currently have a shared parenting agreement with my ex, in which I have care for our 3 years old for 3 days and 3 nights per week, and 2 days and night per week with my 15 month daughter. But there are no court orders in place.

My ex intends to relocate interstate in January to live near her new boyfriend. I do not agree with this, and told her so, as I will functionally lose all regular care and I know it will badly hurt our children to lose regular contact with me. I also believe she will not allow me access should I agree to relocate as well. At best she's offering me holiday visits.

I have been through mediation (which she just walked out of) and have served orders to appear in court. However the court hearing is not until February (even with a letter stating the urgency), when she will be long gone with the children. She may even just refuse me access in the mean time.

What else can I do?

I am concerned that any court cases would take so long to resolve that I will, in practise, be kept out of my children's lives for so long that the court will just say 'yes she is being naughty, but the children are too young undergo further disruption now that they have resettled with her'.

Assuming the best and she remains here with the children until the court date, what are the most probable outcomes?

Last edit: by gubba

The Family court strives for an outcome that is in your child's best interest,

You need to also understand that the courts support a 'meaningful relationship' not an 'optimal relationship'

This does not necessarily mean that she will be allowed to relocate, each case is based on its own merits,

Whatever the decision it should be based on the child's best interests!

If the mum chooses to run, and you are on the birth certificate (check this), you can serve a recovery order.

Your affidavit would include the practice that you have in place, regarding care.

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