Infant Custody and Relocation – How Far Away Can You Move From Your Ex-Partner?
Separating due to spouse or partner can be a very difficult and ce34 stressful time, both emotionally and cheaply. Quite often following separation, you will desire to relocate staying closer to family and friends who can lend support and give you some help during this difficult year.
But what happens when there could child or children involved and relocating means taking them along with you?
There is not an particular part of the Family Law Act which deals specifically with issues arising from relocation. Instead, such a headache will be determined in the context of overall parenting arrangements. For the reason that regard, made to factors legal court will take into account when making parenting asks for.
The Court will need to hear from each party what their proposals are and the direction they are your past best interests of the baby. The Court will a benefit to the child in having a meaningful relationship with both of their own parents. This consideration seem balanced is not need to protect the child from any physical or psychological harm from being exposed to any abuse, neglect or family violence. The Court also has to balance this against a person’s right to freedom of movement. It is often a dilemma for that Court which does do not have an easy solution.
Some of the additional factors a Court may ponder include:
the nature of romantic relationship the child has using parents, as well as any other persons, including grandparents;
any practical difficulties and expense connected with spending time with the additional parent and whether those difficulties will substantially customize child’s in order to maintain a relationship and contact with both with the parents;
any views expressed using the child;
the extent to which each of this parents have participated for making decisions about long term issues affecting the child, the time they have spent the particular child or communicated the actual use of child.
Each case will present with it’s own unique circumstances. The overarching principle which inevitably guide the court is a determination of what is in greatest and most fun interests from the child.
If a dad or mum decides to relocate by using a child absolutely no consent belonging to the other parent, there may be serious consequences for them, including a recovery order being issued for the return within the child.
It is vital to get advice immediately in regards to parenting concerns. To know what your options and the stand, talk to our friendly Family Lawyers Brisbane.