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Relocation of child

Need some advice.

I did a bit of googling & it doesn't look promising…

What happens if one partner of a 50/50 shared custody arrangement suddenly decides that they want to relocate interstate taking the child with them. it could be for personal or financial reasons.

To my mind that should not be allowed to happen for 3 main reasons

1. It seriously effects the custodial rights of one parent.

2. It also has serious financial implications by putting the moving parent in a default 100% custody arrangement.

3. It would be very disruptive to the child, IMO. after having a shared arrangement for the past 10 years. She is now 12.

I'm sure this sort of thing has happened in the past for many reasons, namely to eliminate the other parent from the scene altogether,  also to create a financial benefit for one parent.

What would CSA do in this situation , bearing in mind that they say on their website that they dont enforce parenting orders. But they certainly enforce payments.

Would they still insist that I pay 50/50 (even though I would not have 50/50 access)?

Would they insist that I pay heaps more since I dont have 50/50 any more. Could my ex claim make a claim for more CS from me ?? Even though she has instigated the change.

or would I be left with a costly court battle?

Any option doesnt sound too good to me.
Valian.

What should happen is that unless the pre-existing agreement was only oral (in which case there is no fallback), the pre-existing agreement/plan/orders are fallen back onto, unless there is agreement for the new regime. There is an exclusion clause for if the estranged parent, of their own will, does not take up contact.

So in theory there should be no financial gain from such an abusive act. However what should be done and what measures the CSA do take, appear to be worlds apart with great regularity and bias toward the collection of monies. Funnily, well not actually, this could well be coincidental in that the CSA also reports to it's department, not the number of children saved/supported, but just the monies transferred. There again if the did report the number saved/supported, this would not be fact as the CSA do not enforce or implement any means of expenditure accountability of the monies paid to the recipient ,which is never the child.

Today it would be very unwise for parents to not, at the minimum have a signed written parenting agreement. However it costs little to have this converted to court orders, which have greater clout should court intervention be required. These should also be "Registered" with the CSA.

However, I believe their certainly needs to be means implemented to either eradicate or minimise this abusive and exploitative act of removal of the child or childrens right to know and be cared for by both parents.
Hi Valian, there are a number of posts on this site regarding the very same issue/s.  Some of your questions may have already been answered in those posts by members of the site.  There has also been court rulings about this very issue.  
Hi Valian,

If the mother takes the child interstate, you can file a recovery order.

While it is an easier argument if you have a parenting order, or court orders, you can still start the process with an affidavit with annexures as evidence for your 50/50 care of the child.

The mother will likely be ordered back to your state until the matter is resolved. Time with the child would be reinstated.

http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Children's+Matters/Recovery+orders/

above is the FMC link and the key section is:

How do I apply?

An application for a recovery order should be filed in the Federal Magistrates Court. If you have a current parenting case in the Family Court, the application should be filed in that court. If you do not have a current parenting order, you should apply for one at the same time as applying for a recovery order.

On the application form, you must say what orders you are asking the Court to make. For example:

The Marshal of the Court, all officers of the Australian Federal Police and all state and territory police officers are requested to find and recover [child/ren & date of birth] and deliver the [child/ren] to the [father/mother/other] and for that purpose to stop and search any vehicle, vessel or aircraft and to enter and search any premises or place in which there is at any time reasonable cause to believe that the [child/ren] may be found.

You must also file an affidavit to support your application. You should include details of the following points, if applicable:

- A brief history of the relationship between you and the person the child is presumed to be with

- A list of previous court hearings and family law orders

- Details about the child and where he/she usually lives

- How and when the child was taken from you or not delivered to you

- Where the child might be and the basis for that belief

- Steps (if any) that have been taken to find the child

- Why it is in the child's best interests to be returned to you

- The likely impact on the child if a recovery order is not made

- Any other factors relevant to the case.

CSA is unfortunately based on actual time with the child - but more on that from those more knowledgable with CSA fu than me.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
THANKS Artmemis, that is very handy info to call upon should I need to.

By the way we do have family court approved parenting orders stipulating 50/50 care.

Thanks again. Cheers
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