I am seperated for 2.5 years now and live in another city to my child. The Mother has fill-time care but there is no custody or access agreemant. I pay full maintenance as assessed by CSA + more incidentals.I have always visited regularly (2 times per month on average) and spend several consecutive days with child including M-F, weekends & important days. I have maintained involvemnet in childs school, club sport and other social activities.I believe my ex (the mother) is planning to move to another state (TASMANIA) and that it will make my now regular access impossible.What is my legal right or the legal position in this situation?Thank you
The outcome of legal disputes where one parent wishes to move interstate can be difficult to predict. Whilst courts have a general bias against allowing parents to remove a child from regular access with the non custodial parent, in some circumstances a court may allow it.
Ultimately, the court's paramount concern is the interests of the child or children and so if a court can be satisfied that the advantages to the child of moving away outweigh the benefits of staying put, a relocation may be allowed.
That said, if, as appears from your description, you have established a regular and solid relationship with your child, a court is likely to see you as a very important part of your child's life and be reluctant to allow the child to be relocated interstate.
Naturally the assistance of a family lawyer is strongly recommended in cases like this and where the move is imminent or has just occurred, the opposing parent should definitely seek urgent orders as it harder to get orders reversing a move than orders preventing a move.
Some links that may be helpful:
Some cases which may assist your understanding of what the court considers when making orders of this sort:
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