Interstate Relocation Dispute
The client is planning to relocate from Victoria to Tasmania with her teenage son, who is approaching 17 years old. The son has expressed his desire to move with her. The child's father is now opposing the move despite having previously agreed, and he has threatened legal action to prevent it. There are currently no existing court orders regarding custody or relocation. The situation involves family law, child custody, and interstate relocation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat factors will the court consider if my son's father seeks a court order to prevent the interstate move?
The court will focus on the best interests of the child, as outlined in family law. Key factors include the child's relationship with both parents, the impact on the child's welfare and development, and the child's expressed wishes, particularly given his age and maturity. The court will assess how to maintain a meaningful relationship with the father post-move, including travel arrangements for visitation. Reasons for relocation, such as better educational opportunities or family support, will also be considered.
Are there any specific legal processes I need to initiate to relocate with my son from Victoria to Tasmania?
To relocate with your son, it's advisable to seek a parenting plan or a consent order if there is an agreement with the father. If an agreement cannot be reached, consider applying for a relocation order from the Family Court. This order will assess the best interests of your son, taking into account factors like his age, relationship with both parents, and his wishes.
What are the potential consequences if I move interstate with my son without a court order?
Moving interstate with your son without a court order may lead to legal consequences. The father could apply to the Family Court for a recovery order, requiring you to return your son. Such actions could negatively influence future court decisions, as courts typically emphasize the importance of both parents in their children's lives.
Could my son's father obtain an urgent order to prevent the relocation, and what would be the implications for us?
Yes, the father could seek an urgent court order to prevent the relocation. Without existing court orders, he may apply for a "relocation" order or an "injunction" to stop the move. The court will consider the best interests of your son in making a decision.
