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Parenting Dispute Regarding Relocation Of Children

The Charges

  • Parenting dispute regarding the relocation of three children that had been unilaterally relocated by their mother

Court Attended

Federal Circuit Court of Australia

Attended Date

May 2018

Overview of Case

This matter involves 3 children who were unilaterally relocated from the Gold Coast despite their Father’s protest.  Prior to the relocation, the parent had been parenting the children on a week about basis.

The Father filed for an urgent recovery order and the parties obtained a Family Report to assist the court in determining the best location for the children.  The recommendations within the report were supportive of the father’s application to have the children relocated back to the Gold Coast, pending a final order being made.

Case Outcome

This matter progressed by way of interim hearing.  The Judge who heard the matter noted that there were issues with regards to the mental impact on the children with both competing proposals, with no clear evidence as to which option would have the least impact.

The Judge abstained from making a recovery order, however set the matter down for an urgent Hearing.  This is an excellent result, as this matter will have only been before the court for a total of 7 months, while most parenting matters take approximately 2 years to be determined.  While the father was not successful on an interim basis, he now has the benefit of an urgent hearing date to have the matter finally determined, instead of the matter being drawn out through the court process.

For advice on your Family Law matter, it’s best to speak with an experienced lawyer. Brooke Winter Solicitors can provide guidance on the best possible course of action during this often difficult time. Contact us today to discuss your matter.

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