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Thread: court papers

  1. #1

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    Default court papers

    Okay, just wondering if anyone has any experience with what happens when you want to move away from where your childs father is living when there are court papers in place. Up until yesterday Ashlea's dad was really good about the move and was calling his lawyer to get the papers we have adjusted so it still works out that he has AShlea every 2nd weekend, the deal we came up with.
    Now he's being his typical @ss self and decided he'll take me to court to make me stay here cause he wants to do whatever he can to make my life miserable.
    I'm going to see my solicitor next week, but just wanted to hear if anyone has any experience in this situation


  2. #2

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    Dee

    So sorry to hear he is being and ass!!!

    Are you moving far from where you are? I take it from the arrangements you had agreed on that it is still only a reasonable traveling distance. I can not see why the courts wouldn't allow you to move ... are you moving for work, education??? That would be taken into account when and if it makes it to court.

    I hope things go smoothly and for what it is worth ... it sounds like someone has been in his ear about it (considering he was fine with it!!)

    Good luck

  3. #3

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    We are moving 3 1/2 hours away.
    At the moment Ashlea goes to dad's each tuesday afternoon and every second weekend for one night. We decided to change it to every second weekend for the friday and saturday night to make up for the tuesday he would miss. I said I would drive to melb once a month, and he can drive down once a month so she still sees him every second weekend but its not too much driving for her or either of us.
    We are moving down cause i have no family at all here, and all my family and his family are in w'bool. I am still very close with his family and he knows it.
    Living down there will mean saving $80 a week on rent, $60 a week on childcare, $60a term on kinder fees, not to mention the petrol we will save and the family support we will have. I have a huge credit card debt and need to get on top of things. Her father will not contribute at all to kinder or day care, thinking that the $40 a week child support is meant to be sufficient. He told me to pull her out of kinder rather than help out financially.
    Plus for the people who know of the drama's associated with his psycho girlfriend, i want to get away from it all.
    Plus, my sis is due with her first child in 8 weeks, my Aunty down there is very very sick at the moment, my grandpa down there probably wont see the end of the year and mum is moving back from sydney at the end of the year.
    Its been a tough 4 years in melbourne, even though i did love it, now i just am not happy here anymore and feel back home is the place to be.
    Even ashlea wants to move back, she misses all her family like crazy.
    The only reason he changed his mind is because he wants to control me, he cant stand to think iof me being happy and does everything in his power to do what he can to get a reaction out of me.
    Its about time he grows up, stops being so bitter and selfish and moves on.

  4. #4

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    if you can prove that the move is beneficial for you and or bub then it will be allowed. like you say it will be cheaper then that will make it better for both of you or if it was for a job so you could support her or even just to be near more family or friends(support network). it doesnt have to be much, it would be silly to make a person stay in one place just so the child can see the other parent when the home life would be worse off. my friend moved from sydney to rockhampton with her kids because she could not afford to buy a house here and up there was the only place she could ever own her own home. it was unfortunate they lost the 2days a fortnight with their dad but now they have financial security and mum is way less stressed and their life is much better. they see their dad in the holidays.

  5. #5

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    From what you have said no court will stop you from moving.

    Good luck.

    Cheers

  6. #6

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    Dee
    I have court orders in place with my first child and no court in the country should be able stop you from moving if there are certain circumstances, like you have just described.

    I know from experience as my ex tried to keep me in the town, but I just told my lawyer about my circumstances and the court approved my move.
    My sons father IS supposed to see him every 2nd weekend but for the past two years has decided to give up those privileges.

    Talk it over with you lawyer though and he might work something out with the court for you!

    Good luck hun..Dealing with the family law courts is stressing stuff and you don't need that atm..

    Cheers Jess

  7. #7

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    Thankyou so much for the replies. My biggest concern is that a good friend of mine was forced to stay here in melb, she's got a 40k limit on where she can move. She has no family here as she also moved from the counrty years ago.
    I guess seeing it actually happens is what scares me a little.
    I spoke with Ashlea's dad's lawyer yesterday (she's always done more for me than she has for him, all at his expense) and she seems to think i'll have no problem going, and that she's happy to help out with changing the papers if he will agree (at the moment he wont)
    I'll go see my lawyer next week to get things moving, but despite my little concerns, i am pretty confident there wont be a problem.
    The only other thing is i plan on leaving in 9 weeks, and am hoping this can be sorted in time so that we dont have to delay the move.
    Thanks for listening

  8. #8

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    Sorry Dee that i didn't see this before.
    Email me if you have any issues, but I don't see moving being a problem at all.
    Regards.

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