Relocation Custody Dispute
The client is facing challenges due to their ex-partner's recent move from one city to another with their child without prior agreement or court orders from 2022. This relocation has significantly disrupted the client's visitation rights, which previously allowed them to see their child every second weekend and half the school holidays; now, they can only see the child during school holidays. The client is also feeling financial pressure due to increased child support payments and is looking to obtain urgent court orders to create a more favorable visitation schedule. Prior to the move, discussions regarding visitations occurred, but no agreement was finalized. The client is contemplating legal action to resolve the visitation challenges.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat is the process for seeking urgent court orders to adjust my visitation schedule with my child?
To seek urgent court orders for modifying your visitation schedule, you should file an application in the relevant Family Court. Your application may include requests for immediate orders to address the visitation challenges. Prepare an affidavit outlining how the relocation affects your arrangements and your desired outcome, along with evidence supporting your previous visitation schedule. It is recommended to consult a family lawyer for assistance with drafting your application and representing your interests in court.
How does the relocation of my ex-partner and child affect my rights regarding visitation?
The relocation of your ex-partner and child can significantly impact your visitation rights. Without existing court orders, the move may limit how often and conveniently you can see your child, as it disrupts your established visitation pattern. Both parents should aim to make decisions that are in the best interests of the child, including ensuring meaningful relationships with both parents. Since there was no formal agreement regarding the move, you are entitled to seek orders from the court to establish a more suitable visitation arrangement.
Can I request a change in the child support arrangements due to the increased financial burden caused by the relocation?
Yes, you can request a modification in child support arrangements due to the increased financial burden resulting from the relocation. Under Australian family law, you may apply to the relevant authorities for a change of assessment. This process takes into account changes in circumstances, including increased travel costs related to visitation. It is important to provide documentation of your increased expenses and any impacts on your income.
What factors will the court consider when deciding on a new visitation arrangement in light of the relocation?
When determining a new visitation arrangement, the court will prioritize the best interests of the child. Factors include the relocation's effect on the child's relationship with both parents, the child's ability to maintain meaningful connections, and the practicality of the proposed visitation schedule given the distance. The reasons for the relocation and evidence of attempts to maintain contact may also be considered.
Is it advisable to attempt mediation before proceeding with court orders to address the relocation and visitation issues?
Yes, attempting mediation is advisable before seeking court orders. Mediation is typically a required step under family law prior to filing for parenting orders, unless certain exceptional circumstances exist. It provides an opportunity for both parties to negotiate parenting arrangements amicably, potentially leading to a mutually satisfactory resolution.
