Relocation Dispute
This matter involves a client located in Western Australia, who is concerned about the potential relocation of their child to a destination over an hour away by the child's mother. The case covers aspects of child custody and relocation under family law. The client is seeking understanding of their legal rights and the processes relating to relocation and custody arrangements.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I prevent my child's mother from relocating?
In Australia, to prevent your child's mother from moving with your child, you would typically need to apply to the Family Court for a "relocation order" or seek an injunction. The court primarily focuses on the best interests of the child, which is the crucial consideration under the Family Law Act. Factors assessed include the impact on the child's relationships with both parents and the feasibility of the relocation. It is advisable to seek legal advice for guidance tailored to your situation.
What legal avenues are available if I disagree with the move?
If you disagree with the relocation, you can apply to the Family Court for an order against the move. Your application could either seek a specific issues order concerning the relocation or a modification of existing parenting orders. The court's primary concern remains the child's best interests, taking into account their relationships with both parents and the effect of the move on their well-being.
What evidence might I need to present against the relocation?
To contest the relocation, you may need to provide evidence showing how the move could adversely impact your child's well-being. This may include demonstrating the importance of the child's current environment, parental involvement, logistical challenges resulting from the move, and any alternative arrangements that would better serve the child's interests.
Could this situation change the current custody arrangement?
A move by your child's mother could significantly alter the current custody arrangement, especially if it affects your time with the child. Australian family law focuses on the child's best interests, including fostering meaningful relationships with both parents. If relocation severely impacts your involvement, it might prompt a review of current arrangements.
