*that* dreaded question.

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Feebes
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*that* dreaded question.

Post by Feebes » Mon Mar 23, 2015 1:32 pm

XDP has asked if he moved away and the kids wanted to go, would I let him. His main reason is that he isn't happy in his job.

:roll:

What kind of a dumb is that? Honestly.

Of course I am not going to say yes.

:roll:

This will either go one of three ways. He'll do nothing, he'll move away and leave the kids behind or it will end up in a court room.

Am I worried, meh not worry. What kind of a judge will let the dad take the kids away full time from their mother?

Just another hurdle in the hey stack.

Feebes
DD 02
DS 05
DD2 2010

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Andypandy
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Re: *that* dreaded question.

Post by Andypandy » Mon Mar 23, 2015 2:26 pm

Wow. How would the kids feel about that? All their friendships are where they are now.

How far would it be?

Sil and her xh live 200km apart and do weekends and holidays.
DS1: May 09 Breastfed 2y7m
DS2: Oct 2012 Breastfed 2y1m I am pretending he is weaned
DD: Feb 2015

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whitto04
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Re: *that* dreaded question.

Post by whitto04 » Mon Mar 23, 2015 3:39 pm

Please don't be complacent.
In 2011, a family court writer was recommending that my DD move to live with her dad. She was 12. We live in a different state from him.
DD#1-1999, BF 12 months.
DD#2-2006, BF 5 yrs 8 months
DD#3-2009 (born at home), BF 4 yrs 2 months
DD#4-2012 (born at home), no longer sharing with her sister!
11 years of continuous lactation!!!!!

pseudo
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Re: *that* dreaded question.

Post by pseudo » Mon Mar 23, 2015 4:13 pm

Without meaning to scare you Feebes, this happens ALL the time. It's called relocation and, while Family Court may not approve it, they often do.
The Family Court will look at what is in the Best interests of the child as the most important (but not the only) consideration.

The Family Court will also examine what options or proposals each person has made for the arrangements for the child. The Family Court will not necessarily make orders that follow what either person has suggested, and can make different orders if it considers those orders to be in the best interests of the child.

The reasons for the proposed move will also be considered. These might be financial or economic reasons such as a new job, or personal reasons such as moving closer to family. The Family Court will look at whether these reasons are genuine, optional or essential for the parent wishing to move and for the child.

Although the Family Court does not want to stop people from moving around freely, the Court needs to hear from each person as to whether or not the move is in the best interests of the child. The Court will take into account considerations such as:
•the proposals for the other parent to spend time with the child if the Family Court allows the child to move
•the existing relationship between the child and the parent they live with
•whether the parent the child lives with has been the primary carer for some time and is the preferred parent for the child to live with
•how much time the child currently spends with the parent they do not live with, what their relationship is like and whether the relationship will continue or be maintained if the move is allowed
•the distance and permanent nature of the move
•what impact it will have on the child to leave friends, extended family and school etc
•the wishes of the child
•the age of the child
•the cost and ease of the other parent spending time with the child
•other ways the child can continue to have a relationship with the other parent

You should seek legal advice if you are planning on relocating and have not been able to reach an agreement with the other parent.
http://www.legalaid.wa.gov.au/Informati ... ldren.aspx

http://www.familylawcourts.gov.au/wps/w ... nd+travel/
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Mummy woo!
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Re: *that* dreaded question.

Post by Mummy woo! » Mon Mar 23, 2015 6:11 pm

Feebes, can you talk to legal aid and get some advice, not just about this, but about making a new parenting agreement with your XDH? I'd be worried about this - I remember what Whitto went through when it happened - it sucked. And courts are not always able to see through the behaviour of the parties in the case.
It's OK Pluto, I'm not a planet either

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Feebes
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Re: *that* dreaded question.

Post by Feebes » Mon Mar 23, 2015 6:21 pm

Mummy woo! wrote:Feebes, can you talk to legal aid and get some advice, not just about this, but about making a new parenting agreement with your XDH? I'd be worried about this - I remember what Whitto went through when it happened - it sucked. And courts are not always able to see through the behaviour of the parties in the case.
Yes, I think that we might have to start making things a bit more formal. Blerk.

I'll talk to my social worker tomorrow and work out a bit of plan.

Feebes
DD 02
DS 05
DD2 2010

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Mummy woo!
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Re: *that* dreaded question.

Post by Mummy woo! » Mon Mar 23, 2015 7:26 pm

Feebes wrote:
Mummy woo! wrote:Feebes, can you talk to legal aid and get some advice, not just about this, but about making a new parenting agreement with your XDH? I'd be worried about this - I remember what Whitto went through when it happened - it sucked. And courts are not always able to see through the behaviour of the parties in the case.
Yes, I think that we might have to start making things a bit more formal. Blerk.

I'll talk to my social worker tomorrow and work out a bit of plan.

Feebes
Good luck - time to take control.
It's OK Pluto, I'm not a planet either

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fellare
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Re: *that* dreaded question.

Post by fellare » Mon Mar 23, 2015 7:38 pm

Big hugs. Not at all what you need right now.
Boobymonster weaned at 3.5yrs.
Ms Firestorm born august 2015
Whatever you perceive to believe, dream.... be free.... (eMDee)

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Feebes
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Re: *that* dreaded question.

Post by Feebes » Mon Mar 23, 2015 9:13 pm

His question comes a very bad timing as I am in the thought process of writing him a letter saying that i want to have the kids an extra night a week (so from one night to two nights per week). I've said no to his request and because I that, I am going to bet my bottom dollar on that basis that he will refuse me.

Social worker tomorrow, perfect timing.

Feebes
DD 02
DS 05
DD2 2010

Westaussie77
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Re: *that* dreaded question.

Post by Westaussie77 » Sun Apr 05, 2015 10:53 pm

Hi Feebes

How are things going? Any responses? Any action on this?
Westaussie77

DD Nov 2003 - Breastfed 17mths
DS Nov 2005 - Breastfed 44mths
Solo Parent since April 2006


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Feebes
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Re: *that* dreaded question.

Post by Feebes » Mon Apr 06, 2015 10:34 pm

Westaussie77 wrote:Hi Feebes

How are things going? Any responses? Any action on this?
Nope, nothing more said about this.

Feebes
DD 02
DS 05
DD2 2010

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