| What is the legal distance that a mother can shift away from the father - western australia -
Posted: 5/3/2008 3:14:01 AM | I have a friend that told me an interesting question and i would like everyone opion about it
How far can a mother shift away from a father that has access ( soon to be shared care ) and is she allow to move the kids from their school without his permission.. If she shifts, she dont drive and he has to travel 1 hour to pick them up and 1 hour to get back . Also wont be able to see them during the week, as they are to far and he works 10 hours a day ( Western Australia)
I found this interesting situation and cant find any information about either rights !
what do you think about it and  | |
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| What is the legal distance that a mother can shift away from the father - western australia -
Posted: 5/3/2008 5:23:53 AM | I'm not aware of any limitations on where children live. I am pretty sure the onus remains on the absent parent to maintain contact, and while any arranged or court ordered access is still valid, it is up to the other parent to actually make it happen or renegotiate new terms, I think. This could mean longer "chunks" of access (like school holidays), however it's often harder for the absent parent to get that regular time off work.
One friend has a supportive family who all help when his kids come over to Qld from Victoria for their school hols, and he has broken his holiday leave up to ensure he does have time with them when they come, and his siblings and dad help out when he's at work.
The Family Law Court is a federal court. I'm pretty sure their are no state laws that would affect your friend, but WA does have some "laws unto itself" that continue to surprise me. | |
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| What is the legal distance that a mother can shift away from the father - western australia -
Posted: 5/3/2008 8:26:46 AM | Legally she has to be willing to go halfway when it comes to access ie she has to travel half the way when dropping them off or picking them up, if not she has to give him money for him to go all the way.
I think though it sucks if she does it without his permission. Not exactly a very fair thing to do unless she is getting them away from an abusive situation.
I moved from WA to QLD with my daughter but I got his permission, which I got because I agreed to pay for her to return every school holidays to spend the time with him.
Tell your friend to do it properly.
Just reread and you mention they will soon have shared access, dont think she will be able to do it actually if that is the case | |
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| What is the legal distance that a mother can shift away from the father - western australia -
Posted: 5/3/2008 9:02:03 AM | | If travel costs are part of the parental access agreement, then I guess that would be the case Racy, but none of the guys I know get any assistance with their kids travel costs. I have 2 friends who fly their kids over from different parts of Aus and another whose ex is now in NZ, and all of them bear the cost. It's never easy for any of them, and they often spend most of the year planning/saving for it. | |
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| What is the legal distance that a mother can shift away from the father - western australia -
Posted: 5/4/2008 9:17:13 AM | This would depend on the custody arrangements you had with the other parent, and also what court orders were in force regarding the sharing of parental responsibilities (including visits and access). These can be rather complex, and usually even an experienced family lawyer seems challenged to try and resolve these issues with couples. Breaking a court order though would be a bad idea, as the court can impose hefty penalties on the party doing this, as well as giving the estranged partner more ammunition to throw at the one who violated the order.
"The Family Law Court is a federal court. I'm pretty sure their are no state laws that would affect your friend, but WA does have some "laws unto itself" that continue to surprise me."
Federal Courts generally have superior jurisdiction in the Australian court heirarchy over state courts. This means if someone appealed a case in a state court and took it to a Federal Court, the decision of the Federal Court would over-rule that of the state court. The same goes when a higher court interprets legislation or decides precedent in a certain case. However, one state court does not have jurisdiction over another state court.
Federal legislation like the Family Law Act has jurisdiction in all states and territories. Federal legislation would also over-ride State legislation, where the two are inconsistent. | |
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Thanks for throwing me on the right track but also interested in people that have been in this situation or what people think of it 
