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I am divorced from my ex-husband.  He has chosen not to have contact with his children since Nov 2009. Even then it was sporadic & only when it suited him. I am their only means of support, financially & emotionally.  He was invited to attend mediation when the break-up first occured, but declined.  There is much more to the story, such as myself having to get a DVO against him & him telling his oldest (14yo girl) that her brother (9yo boy) is not his son.  His son has Aspergers sydrome & can not cope with the mental anguish his father lays on him. I was constantly & still have to deal with helping my son deal with the rejection of his father.  To the point, I am paying for him to see a child psychologist.  I work full-time & all my money is tied up in a house in both names (which he has not contributed a cent towards since Nov 2008) He refuses to let me sell the house or buy him out. Between paying for the house & paying the kids school & medical bills I don't have enough for a lawyer at the moment & believe I would earn too much for legal aid.  He is not working, so I get nothing in child support to assist.  My situation is this…. I have met someone new & have been asked to move interstate to be with him.  He would support myself & the children. I have been fortunate to enrol my son in a school at the interstate location which specialises in children with his condition, he at present goes to a mainstream school where he is just not coping. He looks upon my new partner as a father figure, which he is lacking at the moment.

Given the fact that my ex has NO contact with his children (his choice) do I need to get his permission to move?

What is my best course of action with getting rid of the house?
Some general answers.

It appears by school enrolment that you have already made up your mind to move. Please bear in mind that your ex 'could' apply to the Courts for 'recovery orders' even though his contact has been sporadic. To prevent this you could both agree to Consent Orders which allow relocation and specify any future levels of contact.

You need to make an application to the Courts for a 'property settlement'. Generally this has to be made within 12 months of a divorce. Alternatively a property settlement can also be made with Consent Orders.

www.srl-resources.org

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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