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Answered in 7 hours by:
7/13/2015
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,733
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Morning, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.If you move to Perth with the children your ex partner can request a recovery order to gave the children returned to QLD.Because of the history and him not having much contact with the children and his violent nature may not assist him but the court will listen to what he says. Here is some information about the recovery ordershttp://www.legalaid.wa.gov.au/InformationAboutTheLaw/FamilyRelationshipsChildren/ChildrenTravelRelocation/Pages/RecoveryOrders.aspxAlternatively you can apply for an order in WA so that you can live in WA and get orders on when he sees the children. This would keep the matter in WA. But it is not going to be a simple matter. Any decision by the courts will be based on what is in the childrens best interests not what the parents want. His past is not going to assist him and if he has been violent against you and the children this will be a problem for him. I hope this makes sense and if there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Good Morning, If you wish to live in WA then Perth because where you start the proceedings will result in you having to stay there. I would assume he will seek orders that the children stay in QLD while this goes on. If you are in Cairns it will be granted. In Perth the court may not order they go back based on what you have told me.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,733
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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