Howdy!
I was wondering if anyone could give me a little advice on where I stand here. Firstly let me say that I have contacted Legal Aid – they’re taking forever to get back to me and a decision needs to be reached fairly soon so I thought I’d give this place a try!
I am in Australia. I want to move interstate. I have a child to a previous relationship (which ended in 2000) who is 9. She still sees her father (when he can be bothered). We have a court order that was set out in early 2001 which states he sees her 2 days per week (for 3 hours) and every second weekend.
My ex moved interstate when our daughter was around 3 years old. Obviously this had a major impact on his access – it became almost non existent.
When my daughter was 4 he moved interstate again – and even further away. My daughter and I ended moving to the same state – although not because he had moved there.
When my daughter was 7 he moved overseas for a little over a year.
Since his return he has rarely seen her both days during the week and has cancelled her weekend with him a few times.
Although I feel it is completely ridiculous that he could have any say about where I move – I am of the understanding that he does due to the court order.
Does anyone know whether this is true or not, and if so, do you know how I could get around it.
He enjoys causing trouble, and quite conveniently forgets that he has moved around all over the place when he uses his "How will I see my daughter" garb.
Are you thinking about selling your home yourself? then
you should see about modifying your custody and visitation. get documents together showing his moving and remind the judge if he was so concerned about seeing her he wouldn’t keep moving away from her and that you would like the opportunity to move yourself. without it being modified you will be going against court orders if you move without first seeing the judge. good luck.
You can get around it. You need the times he canceled with your child also what contact did he have with his child when he moved. If you want to move some where you need to be able to get him once he says he would lose contact with his child. The proof is the most important factor for you to win.
I totally agree with fojimo, you will need have a list of places he has moved to, addresses and how many times and dates of when he saw the child to establish a pattern of his movement and access with the child for the court/judge to see.
Kate you know what stop putting your life on hold for this guy
your Daughter has all she needs and that’s you! blow the court order do you think he is going to do anything i suspect not. From a legal point i cannot help as i do not know the laws there!
Go on love give yourself a break and carry on being the best Mum you can be. wishing you both the very best in your future. love from the heart StevenB X