Hoping to get some advice on my current situation. We have bought a bigger house on more land but is located 2-2.5 hours away from. Where we currently are (in vic). My eldest child (early teens) sees his father roughly every 2nd weekend but it is often a struggle to get him to go as he doesn't really like going there. We have no court orders in place and have never been or done mediation. My question is can he actually stop us from moving? TIA
5 Replies
You need legal advice.
He can enforce his visitation. 2.5 hours is doable but if you think its not then that is your fault for moving and he can take you to court for custody.
In Australia the court won't go "oh, you moved your son 2.5 hours away! Thats it! Dad's getting custody!"
And you can't go through family court without attempting mediation first anyway and this could be resolved in mediation. Mum offers to travel the distance to drop son off every second weekend. Dad says ok cool. And so it continues. Dad may even agree to travel half way to meet mum and son.
2.5 hours is doable.
No dad cannot stop you moving 2.5 hours away if you continue to make a resonable effort for your son to continue his relationship with his dad.
Thats exactly what was said.
Have a chat to your ex? It's only 2.5 hours so second weekend visits are still able to happen. I know it's an hour that they can stop you moving but if you're on OK terms and talk about it then he might agree. Too late now but this really should have been done before buying the property because he can stop his child leaving. I guess if your child doesn't want to leave the area then staying with Dad and visiting you could be an option too.