Can my ex-partner move away with my children without my permission?
Yes, unless you have a Court Order in place preventing them from doing so.
What can be done?
If you do not have any orders in place and cannot get access to your children, your lawyer will file for a Recovery Order and at the same time apply for Parenting Orders in which the Court will make orders regarding the children’s living arrangements.
If you have a Court Order that the children are to live with you and the other parent relocates the children without your consent, you can instruct a lawyer to file a Recovery Order in the Family Court. A Recovery Order allows the police to intervene, if necessary, and return the children to you.
What does the Court take into account when making a Relocation Order?
In considering whether one parent can relocate the children, the Court takes into account a number of factors. First and foremost the Court takes into account the best interests of the child and considers the relationship between the children and the other parent and the likely effect on the children of any changes in circumstances.
The Court also considers the practical aspects of the move, including the distance the children would have to travel to see the other parent and the costs of travel. The further away the other parent wants to move, the harder it can become for the children to maintain a good relationship with the other parent.
The Court has to balance these issues with the desires of the parent who may wish to relocate in order to (for example) take up a job opportunity or commence a new relationship.
What to do?
If you are concerned about the possible or actual relocation of your children, it is very important to get urgent, expert family law advice. Legal problems don’t come much more serious than these! Call Go To Court Family Lawyers for advice.