International Custody Relocation
The client, residing in Queensland, wishes to relocate with her children, aged 12 and 8, to another country due to employment opportunities. There are no formal custody orders in place, but informal agreements exist. The children's relationship with their father, who lives overseas, is described as distant with minimal involvement. The father has made threats regarding the relocation, despite infrequent contact and rare visits with the children. The client feels prepared for the move financially and has a support network in the new location, but has not sought legal representation. Additionally, she has filed for a Domestic Violence Order (DVO) against her ex-partner due to the threats made.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the legal steps I need to take to obtain permission for international relocation with my children?
To obtain permission for international relocation with your children, you must apply to the Family Court of Australia for a relocation order. Since there are no formal custody orders, this step is crucial. The court will assess the best interests of the children, considering the potential benefits of the move and the impact on their relationship with their father. It's essential to provide a clear relocation plan, including your ability to financially support the children in the new location and details of your support network there. You must also demonstrate how the relocation can enhance their welfare and development. Legal advice is recommended to guide you through this process.
How can I protect myself and my children legally if my ex-partner is making threats?
To legally protect yourself and your children from threats made by your ex-partner, consider applying for a Domestic Violence Order (DVO) if you haven't done so already. This can prohibit your ex-partner from making further threats or contacting you. Document all communications and threats, and keep a record of any evidence supporting your claims for future legal proceedings. Additionally, consult a family lawyer experienced in international custody matters to explore further protective measures.
What factors will the court consider when deciding on international relocation matters in Australia?
When deciding on international relocation matters in Australia, the court primarily considers the best interests of the children. Factors include the children's relationship with both parents, the impact of relocation on their welfare and development, and the reasons for the proposed move. The court will evaluate the feasibility of maintaining the children's relationship with their father, including potential visitation arrangements and the benefits of relocating.
What documentation or evidence should I prepare to support my case for relocating with the children?
To support your case for relocating, gather evidence showing the benefits of the move for the children's welfare, such as educational opportunities and family support in the new location. Include documentation of your employment opportunities and financial readiness for the move. Collect evidence of your ex-partner's minimal involvement and any threats to highlight potential risks. Also, prepare a relocation plan detailing living arrangements, schooling options, and how you'll maintain the children's relationship with their father.
