Q: Can I relocate my children from Sydney to Brisbane without the consent of their father?
A: This is not a question that can be answered with a Yes or No. Each case will depend on its own facts and circumstances and we would need to know all the facts and circumstances before answering your question. However, the following are some points to consider:
- Are there any existing parenting orders? (whether those Orders are made by Consent or after a contested hearing)
- Does the father currently spend time with the children?
- Are there any issues of child abuse or family violence?
- Are there any issues of mental health issues, drug abuse or alcohol abuse affecting you?
- Are there any issues of mental health issues, drug abuse or alcohol abuse affecting the father?
- Why are you contemplating relocating from Sydney to Brisbane?
- Did you and the father ever live together with the children in Brisbane?
- How old are the children?
- What are the children’s views to the proposed relocation?
- Do any of the children have special needs?
- What would be your proposed arrangements for the children to spend time with their father if you were to relocate to Brisbane?
- Will the father have the financial ability to travel to Brisbane to spend time with the children?
- What are your proposals for the children’s schooling in Brisbane?
- Will the school(s) you propose to enrol the children in Brisbane offer the children the same educational opportunities as their current school(s) if they are at school?
- Do you have any extended family in Sydney?
- Do you have any extended family in Brisbane?
- Does the father provide financial support for the children?
- Are there any cultural issues?
If you need advice on any parenting issues, contact Kathy Chase via email at pittwaterfamilylawyers.com.au OR telephone her at: (02) 9918 6565 OR 0418 285 307.