Does anyone know if you move interstate do u have any time to move back the state you came from with your children before a magistrate will order you to return back to the state u moved and the other parent resides?
My children were born in Melbourne we moved to Queensland in December and the marriage fell apart and now I want to return to Melbourne to be closer to my family and friends as I have no one here in Queensland
Family court matters
Family court matters
Posted in:
Relationships & Marriage
7 Replies
I would go. They do not always order you back, and they can’t - they can order the kids back if they’re rooted there. You as a grown up don’t have to move anywhere. But if you go now, by time you end up in court anyway, if you do, the 2 months you spent away will be a blip really.
The main consideration is coparenting, as you would be sending your kids back a long way away for visits and yes you probably will have to pay for it if you’re the one that moves away, or at least pay half no matter what. You’ll just need to get a thorough parenting order in place that lays out changeovers, holidays, birthdays, the whole lot.
An injunction to order you back can be obtained very quickly, and it looks bad for you in court if you end up there down the track. You should talk to your husband about how you are going to manage the separation for the kids and come to an agreement. It will end up a lot better for you if you do.
Just go don’t mention it to him and tell him you are going home with the kids. Make a date and go. I doubt he will pay the costs to get them back to QLD if you not long came from melb. Sooner you to the better. Is this the same one that your staying with husbands family?
Also speak with him about school holidays etc but you need to be with your family. Don’t alert him to which day. Just tell him you are leaving with the kids and you need to work out some plans for him to see them and come to some arrangement.
I do know someone who has done this, going from QLD to interstate. The father is suing for 50/50 custody & she's possibly going to lose kids half the year & they'll be living between two states. They were born in QLD, though.
Talk to your ex. Find an arrangement that works. Of course if it's DV then ignore that & fgs run.
Do not just rip the kids away if he's an involved father as some as suggesting. Imagine if that happened to you.
It was a few years ago now but my cousin left her abusive ex and moved without asking or telling him, it was the same state but 18hrs away from him. Unfortunately her ex got legal aid and had an order in place for the kids to be returned to their home town within 2 weeks (it ended up being negotiated to allow 4 weeks to book flights though for them all to return). She ended up at a refugee with all the kids until she could get rental accommodation.
She had a DVO and photos of physical abuse but that didn’t stop the courts forcing the return of the children. It was a horrible messed up situation and really sad as the kids suffered tremendously because of the whole mess.
I’d certainly try and get an agreement before spending money to move back to Melbourne and then potentially having the kids forced back to the same state as the father 🥺
If this were a dad writing in, I don't believe a single person would be giving the advice of "just leave with the kids and go back to Melbourne"...
Ideally, you and your husband should be negotiating what separation is going to look like in terms of custody/care arrangements, if that can't or won't happen then please get some legal advice. Leaving the state with your kids without their dad's knowledge or permission could very well come back to bite you.