How do you propose to allow the child to have a meaningful and complete relationship with a parent who lives a long distance away? 100km in Sydney would be a three hour car trip or longer. It's a long way to walk home from school to the other parent's house…
60B Objects of Part and principles underlying it (1) The objects of this Part are to ensure that the best interests of children are met by: (a) ensuring that children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the best interests of the child;
How do you propose to deliver object 60B ?
There need to be very compelling reasons why relocation should be allowed. I have been involved in a number of cases where a relocation has been allowed and these are some of the most complex and difficult cases. They require absolute commitment to proper presentation of material.
The default position is that unless there are circumstances that are valid, convincing and very compelling a relocation is unlikely to succeed.
A reasonable distance might be 15 to 30 Km perhaps depending on circumstances.
Executive Secretary - Shared Parenting Council of Australia
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just really struggling to get my head around relocation. The ex partner is attempting to get an order that I must stay within 100kms radius of where the father lives.
No hes not.. hes trying to get an order to say the CHILD cannot be moved more than 100km from his house… you can move where you like!
Whats the reason for the move?
Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
I know that on paper these kinds of orders can look quite intimidating mummaof2cherubs15 and on first glance can "feel" like you are being restricted however in reality a 100km radius is quite significant in terms of travel time and distance between households and certainly more than enough (unless you are living in some rural areas) for you to find affordable housing and/or move closer to work with the child if need be.
The father is being quite generous here with 100km radius. It is not uncommon to see 50km radius in orders.
Edit: I strongly suggest that when considering relocating any distance with a child/ren from the other parent that you cast emotion aside and rationally consider the impacts that ANY move will have on the child/ren in terms of their continuing relationship with their other parent. Remember, this relationship is theirs NOT yours!!