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Relocation interstate against father's wishes

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Help - she wants to move my son interstate!

My wife and I separated in Brisbane late last year, and now she has fallen pregnant with a wealthy guy from SA. We have a two-year-old son, and she wants to move him with her to SA. What should I do!? I cannot bear the thought of losing my son. Please, please help me!
If you have no court orders in place about the care of your son then the mother, assuming she has majority care, can do almost whatever she likes. In saying that you can also do whatever you like regarding the care of your son. To get some orders you will need to first attempt mediation with the Family Relationship Centre or equivalent. If this fails then you will be given a certificate to enable you to file an application with the Family Court to get some orders.
You need to act NOW, not in a few weeks time, but NOW.

I agree with what Fairgo said. My husband was in this position two years ago now, and he wishes that he had doen something about it then. It is now too late.

If you have email contact with her, I would suggest that you send an email stating that you do not give permission for your son to be relocated. Please note, son. You don't necessarily want to stop her from moving, just your child.

The next step is to initiate mediation. This can take some time to get going and get organised. Dependant on the outcome of mediation then influences your next step. If mediation is "succesful" and a parenting plan is organised, have it signed and lodged with the courts. A parenting plan is just a useless piece of paper, but when it is lodged and stamped by the courts, then it carries far more weight.

In the event that a mutually agreed parenting plan cannot be reached, then you can request a 60I certificate, and then lodge your initiating application to the courts.

Remember, the essence of family law is suposed to be "the best interests of the child". The courts should not be considering anything else. Having said that we have all seen other judgements that. on the face of it, do not reflect this.

Have a look through austlii.edu.au as this will give you an idea of judgements, and also the types of things being ordered.
Have you been seeing your Son regularly?

If you have more evidence than just your belief

1)  Make an urgent application to the FMC for interim orders to prevent the relocation.

2)   Apply to an FRC to begin mediation.

www.srl-resources.org

http://flwg.com.au/srl-r/pg/start

SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
Thanks to the other posts for the advice that urgent action is required. To be honest the chances of stopping the relocation are not that good as you will be deemed less able to meet the emotional needs of your son than the mother because you are a man, and also because you may not have been the primary carer. However your son is at the age (2-5yrs) where the impact of his carers and other around him will have the greatest impact on his life so it not in his best interests to exclude either parent from his life during these years.

If you love your son then you will try to stop the relocation, and if not successful, relocate to be near him.
Fairgo said
 To be honest the chances of stopping the relocation are not that good
The chances are evenly weighed, relocations allowed/not allowed are currently running at about 50/50.

SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
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