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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 860
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Hi Just got final orders for my 4 and 5 yr old children.My

Customer Question

Hi

IjJust got final orders for my 4 and 5 yr old children in regards XXXXX XXXXX arrangements in the Brisbane family Crts( I was the respondant not the applicant).

My ex husband has the children 4 nights per fortnight now, previously he had supervision, then 2 nights per fortnight. I have spent $50,000 in legal fees over the last 2yrs, the family home is now being reposessed by the banks. I borrow a car, im on the verge of bankruptacy. I get minimal child support. I have a domestic violence protection order.

My ex husband`s girlfriend also has a domestic violence protection order, and so does her daughter.

What are my chances of relocation?

My exhusband states he earns $12,000 per year as a financial advisor. He refuses to pay the private school fees!

What are my chances of the courts allowing me to relocate 5 hours away to live with family?

I have boxes of evidence to show of my overwhelming debt, and his reluctance/ denial to share the financial responsibility of raising the children.

To get on my feet I need to live rent free.

Im a health professional and im sure I could find work in the new area. Currently I work two days per week, there are job cuts going on in QLD health at the moment and it is possible I may loose my job.

I will mediate my request with my ex husband but I know he will refuse me to go.

Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.


How do you intend to keep the contact going?

Are you saying that you can arrange for the children to see their father 4 nights a fortnight?
Customer: replied 10 months ago.

He would have to see the children on a fortnightly basis. Or if this was too difficult then he would have to see the only on school holidays.

Expert:  Leon replied 10 months ago.
Good Evening

In order for you to have a chance at successfully being allowed to relocate you have to be able to show that his contact will not be reduced.

My concern is you say he is violent and you have orders against him yet he has been given more time and also unsupervised.

What did he put to the court that convinced them to ignore the orders?
Customer: replied 10 months ago.


He acknowledged his behaviour to some degree and did a behaviour anger management program to redeem himself.

 

The family consultant said she gave recommendations to prevent us being back in court and believed he could have reasonable time with his children if he did an anger management course.

 

My ex husband hurt another child but there was no evidence to suggest he hurt his own children.

 

I never reveal my financial circumstances because I was advised this was irrelevant to the case.

 

Expert:  Leon replied 10 months ago.
Good Morning,

If you can show that the time the children spend with a father and will not be reduced with your move and that it is in the best interests of the children, then the court will let you go.

In relation to children's matters is not a requirement to reveal your financial position.

Your other alternative is not to make an application to relocate, but to simply go and wait for your ex-husband to make an application for the children to be returned to the recovery order.

The longer he takes to make the application the better for you.

It is a very difficult situation.

But if you believe that arrangements can be made for the children to still see their father in accordance with the orders the court will not deny you a right to move the children.

It is not something the court grants easily the following link will provide you with information on what the court does too.

http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Children's+Matters/Relocation+and+travel/

I assume you have not discussed this with your ex-husband?

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