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Answered in 12 minutes by:
5/22/2013
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Morning,
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.
When it comes to children the courts and the law are interested in what is in the best interest of the children and not what the parents want.
For her to move the child 10 hours away, and the child to have very little contact with her father is something the court will not easily agreed to.
If he is concerned that she will take the child out of the area, he can follow an urgent application with the court to prevent her from leaving.
The following link explains what happens in these relocation cases among the court will consider.
http://www.cosgrifforchardlegal.com.au/_blog/Latest_News/post/Relocation_of_Children_Following_Separation/
If she decides to take the child without your son knowing, he can file a recovery order application to the child to be returned.
She needs his permission to take the child away and in the end if he refuses, the matter will end up going to court.
Do they currently have orders about the time the child spends with father?
Good Morning
I think he should consider getting court orders. if he's happy with the current situation he should speak with the child's mother and see whether she is prepared to sign consent orders to be filed with the court.
If she isn't then they will need to go to mediation to reach a parenting agreement and then that agreement can be reduced to writing and filed in the court for consent orders.
If they cannot reach an agreement then a certificate will be issued and he can take the matter to court.
You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is
http://www.familyrelationships.gov.au
You can find your closest one on there.
The web-site also have alot of useful information and links to assist you.
Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.
If you need to go to court then you will need to file an application in the Family Court or the Federal Magistrates Court
http://www.familycourt.gov.au and http://www.fmc.gov.au
He has to consider whether he wishes to try and stop her from leaving if he feels that she will take the child without his knowledge, or talk to her and also get the current situation registered in the court and get orders that can be enforced.
You should contact the Law Society of Queensland and get a referral to a solicitor the practices in family law to assist him with the preparation of the documents for filing court and also representing if he chooses to go down that path.
The Law Society website is as follows:
http://www.qls.com.au
I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.
If I have assisted please do not forget to leave me with positive feedback.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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