How does the Family Law Act affect parents?
The Family Law Act requires parents to consult and endeavour to agree where there is shared parenting responsibility, i.e. the major issues affecting a child. This includes changes to living arrangements that make it significantly more difficult for the child to spend time with a parent.
Can a court give a parent permission to move?
If moving is going to limit the time your child/ren live with or spend with a parent or another significant person in their lives, a court may not give permission. If your child/ren primarily lives with you and you need to relocate, you should first try to talk to the other party.
When did the new family law come into force?
Family Law Family law has undergone major revisions in the last few decades. A new Marriage Code entered into force in the 1980s and important amendments were made to the Inheritance Code, among other things by the extension of rights of succession for the surviving spouse.
Do you need a lawyer to move away with kids?
The courts have procedures for hearing matters on an emergency basis so a parent should always ask the court’s permission before moving away with kids against the wishes of the other parent. You really need to speak to a good family lawyer about all mobility cases.
What happens if my wife wants to move out of State?
Assuming you and your wife remain at odds, you’ll have to ask a judge to decide. Like any matter that involves children, the court’s primary concern in move away cases is what’s best for the children. Depending on where you live, the court may presume your wife’s move is in your children’s best interest.
What happens if EX moves out of state with kids?
In your case, if the court allows your ex-wife to relocate with the children, the judge must create a new visitation order that will allow you and your children to continue building and growing your relationship, despite the distance between your homes.
Can a judge order an ex to move away?
Because you’re both asking for major changes to the current custody plan, it’s unlikely that you’ll reach an agreement. Assuming you and your wife remain at odds, you’ll have to ask a judge to decide. Like any matter that involves children, the court’s primary concern in move away cases is what’s best for the children.
Can a ex wife become a custodial parent?
Depending on where you live, unless you and your ex-wife agree to change the custody arrangement, you may face an uphill battle to become the custodial parent. Most states require you to prove, with significant evidence, that changing the child’s custodial parent is in the child’s best interest.