Parenting Plan Dispute
The individual is concerned about their former partner's intention to move their children from Victoria to another city. They currently have a shared parenting plan in place. The individual has expressed opposition to the proposed move, but their former partner remains steadfast in their decision. This situation pertains to child custody within family law. The primary concern is to maintain the current parenting arrangement and proximity to their children.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan my former partner move my kids away from me?
In Victoria, a parent cannot unilaterally relocate children if it significantly impacts the shared parenting arrangement. Such matters involving children are typically resolved through the Family Court if an agreement cannot be reached. The court primarily focuses on the best interests of the children, considering factors such as their relationship with each parent and the potential impact of the move on their wellbeing. It is essential to negotiate with the other parent before resorting to legal proceedings.
What legal steps can I take to prevent the relocation of our children?
To prevent the relocation of your children, you can apply to the Family Court of Australia for a court order to maintain the current living arrangements. This may involve a Recovery Order or a Contravention Application if your former partner attempts to move without consent. In your application, it is crucial to show that the relocation would not be in the children's best interests, addressing factors like the impact on their relationship with you and community ties.
How do courts in Victoria typically decide on relocation matters involving children?
In Victoria, courts assess relocation matters by focusing on the best interests of the child, as mandated by the Family Law Act. Factors considered include the child's relationships with each parent, the potential effects of relocation on these relationships, and practical elements such as schooling and support networks. Demonstrating how relocation may disrupt the children's stability is important.
What factors will the court consider when evaluating whether the move is in the best interests of the children?
The court in Victoria will evaluate factors such as the children’s emotional and physical wellbeing, the ability of both parents to maintain meaningful relationships post-move, and the impact of the relocation on the children's stability, including social connections and schooling. The children's views may also be considered, if appropriate.
What evidence should I gather to support my case in maintaining the current parenting arrangement?
To support maintaining the current arrangement, gather evidence of the children's routines, stability, and bonds with both parents. This could include school records and statements from teachers or caregivers. Document any agreements reflecting the existing arrangement and gather evidence of the potential impact of relocation on your relationship with the children, as well as logistical challenges.
