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qldlawyer, Solicitor
Category: Australia Law
Satisfied Customers: 13
Experience:  LLB (Hons)
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im in an relationship with an woman from queensdland an i live

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im in an relationship with an woman from queensdland an i live in south austrailia, she has 3 kids and has moved out of her family home with her kids and stil lives in qld. I also have 3 kids and live by my self in an stable inviorment and see my kids on an fortnightly arrangement. This lady wants to move to SA with me to have an better life that im offering her and her kids. Im legaly seperated from my wife and all our assets have been sorted out and am financial self sufficent , i can file for devorce in october. Her case is she is just starting her lawer agreements but wants to move to south austrailia now, she has been living with her brother for 3.5 months now since moving out of home. What happens if she just makes this move and or where does she stand?
Hello, if there are no court orders in place in relation to her children she could take them to SA but if she does move with children to SA without obtaining her husband's consent to the children moving then he could make an urgent application to the Family Court for the children to be returned to Qld pending the outcome of the Family Court proceedings in relation to the children.
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Customer: replied 7 years ago.
thats all ok but what happens in the event that this woman is pregnent with my baby? Can she then be able to stay in south austrailia with her kids as well if we put the right plans in place, or what can her x husband do then ? . for say if we state or can we state or put in place the motion that he gets him to see his kids during school holidays, like maybe 12 weeks an year and share the cost of airfairs for the kids ? please talk more in depth.
Hello, if your partner is pregnant with your child then this would be evidence that she could put to the Family Court if her ex sought orders for the children to be returned to Qld however the overiding principle in children's issues under the Family Law Act 1975 is the 'best interests of the child' and while it may be in your and her best interests for her to move to SA this may not be in the children's best interests and she will need to convince the Family Court of why it is in their best interests for them to live with her in SA. Alternatively she could request her lawyer put the plan you have suggested to the children's father's lawyer and see if he is agreeable or a compromise can be reached and consent orders made. If agreement cannot be reached then she could make an application to the Family Court before moving to SA seeking a relocation order that she be allowed to move to SA as it would be in the children's best interests for such an order to be made.Your partner should see her lawyer as soon as possible about these issues as this is a general information site only and it is not possible to give specific legal advice on the matter as I do not have full instructions.