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Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5576
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My ex has left north side of Brisbane and is now living near

Customer Question

My ex has left north side of Brisbane and is now living near Coomera on the Gold Coast. Is she legally able to be stopped from living that far from my children's school. She at the moment is driving them back every day and I think it is far too far. Over 80 klm and and hour in time? Am I able to stop her doing it?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

It is a long drive each day.
In respect of the matter, I would suggest that a court will have issue with the travel and she would need to move back, or have the children go to a school closer to her.

In some circumstances, they can also order the children to live with you, if you reside closer to the school.

Customer: replied 1 year ago.
Is there some sort of recovery order that can be done that isn't ridiculously expensive to force this?
Expert:  Daniel replied 1 year ago.

Are their family orders in place?
If so, are there any orders to have the mother live in the Brisbane metro area?

Customer: replied 1 year ago.
No at present there have been no orders put in place.
Customer: replied 1 year ago.
She is telling me I have no power to stop her or make her come back. What orders can I get put in place?
Expert:  Daniel replied 1 year ago.

Well if there are no orders, she is free to move there.

Expert:  Daniel replied 1 year ago.

you will need to file in the family court and have her returned to the area.

Customer: replied 1 year ago.
in other words, now she has moved it would be a struggle to have her returned closer to the school?
Expert:  Daniel replied 1 year ago.

Yes, sadly. I wish I could be of better news.

Customer: replied 1 year ago.
Oh well, I guess I will just give up then. Was hoping it wasn't the case.
Expert:  Daniel replied 1 year ago.

All the best with it.

Expert:  Daniel replied 1 year ago.

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