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magellan and relocation

hi and welcome to my first post….

im am very lost as i am self represented and we are also appart of project magellan (a court project for access cases where abuse is present, in this case my ex pertner has been charged with 5 accounts of indecent assault about 12 years ago on young girls) i am looking to relocate as i am to be married to my new partner who lives and works in perth. Do i need to make a new application to the court or do i ammend all my previous applications? what are my options if the court refuses? is marriage a reasonable ground for re location and does anyone have any suggestions as to how we would arrange access as my ex partner only sees my son for 2 hours a fortnight supervised… i dont know if supervised visits can be arranged at such long distances



Butterfly you are asking a lot of questions without very much case history

Yes you can file an amended application, however since this is a Magellan case and your application could seriously affect its outcome you may have to seek permission from the Court. In the first instance speak to your case manager - listed on your documents

Re marriage (re partnering) is not in itself a Rice and Asplund override - it is an expected event

There are no hard and fast rules about relocation - there are many recent judgements (after 1st July 2006 are more appropriate) and there are many recent judgements on this site

You would need to 'offer' the Court a practical solution regarding re arranging contact.

Has the judge given any indication of an outcome as this is a Magellan case

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 

case info

ok here we go ill try and include as much info as possible

in early 2007 we were added to the magellan project as the father has 5 previous charges of indecent assault. the court sent us to have a family assessment and he was labled to the court as a sexual predator however because of his convictions being over 10 years old they would ask that he attend some form of therapy and treatment and during this time he is to have supervised time with the child of no less that two hours a fortnight.

that is where we stand at the moment. the court has mentioned that upon successful completion of this treatment he may be considered for day access to the child but i have asked that overnight visits be suspended until the child is of an age where he can communicate well. the court seems to be an agreeance with this.

at our last hearing in july 2007 the court asked the father if there was anyone he would like to put forward as a supervisor and he suggested his girlfriend. The court did remind him that it was at my discretion as to wether that would be allowed or not and that he would need to file an affidavit stating his reasons for requesting his girlfriend as supervisor.

I intend on responding to that affidavit denying that she be able to supervise as it is very unlikely that she would report and wrong doings by the father as she is only 18 and he is 32 and can be very violent and intimidating when he doesnt get his way.

about three weeks ago my partner of two years has asked me to marry. He is in the Navy and is contracted to Perth for a minimum of three years. As he is still serving time at sea we have decided to wed early in 2008 as after that he will be in and out of port and unable to get any time off. This also leaves me with the problem that our next court date is in november and i doubt very much that the court will make a decision prior to the time in which we wish to wed.

Because of the fathers history i have offered that on two occasions a year to coincide with july and december school holidays the father may fly to perth to have day visits with his son from 10am until 5 pm and i have also asked that the child support agency take this into account during any assessment of the father. i have also extended the offer for the father to visit at other times at his own expence however i would want notice of his intentions atleast 21 days prior to travel and if it is agreed upon between both of us then i would want travel itineraries from the father no less that 2 weeks prior. i have also asked that when the child is old enough to converse over the telephone that the father shall initiate telephone contact at a time to be agreed upon by both parties and that i will provide the father with a phone number that the child will be contactable on and ensure that the child will be available to thake the call.

Because our next hearing is in november and we plan to wed before may 08 is there any way to ask for a hearing earlier than the one already set?

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