How to move internationally as a co-parent SINGLE MOM

How to move internationally as a co-parent Beanstalk mothers

How to move internationally as a co-parent.

If you have parents together with a former partner and are considering moving between countries with children, you have to consider some legal aspects in addition to the obvious logistical challenges.

Some of the reasons you might consider moving are:

  • To return closer to the support of family members
  • Increased job prospects between states or a specific job offer
  • A current partner is transferred or booked between states
  • Or lower living costs outside of a metropolitan area.

Moving to a country other than Coparent

Obtain consent to move first

If you are thinking of moving abroad as a parent, you should discuss the idea with your former partner if possible, even if there are current parenting regulations. This way, you can explore options on how a move might work and whether or not they agree to the move.

Note: There is no maximum distance that determines how far your children can be from their other parents.

Before moving, you should either get the consent of the other parent or get permission from the other parent family court or Federal Court of Justice for Australia,

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If your ex agrees to the move

If your former partner agrees to the children's move, you can both apply to the family court and ask the court to jointly issue parenting orders. This allows the children to move and take orders for the time the children spend with the other parent, i.e. H. During the school year, school holidays and important calendar events. It may be envisaged that this time will take place in the child's previous city / state of residence and / or in the new city / state of residence as well as in regular Skype / FaceTime and telephone communication.

Alternatively, you and your former partner can conclude a parental plan in accordance with the Family Act, taking into account the agreement made. In contrast to parental orders issued by the court, a parent plan is not enforceable.

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If your ex doesn't agree to the move

If, during your conversations with your former partner, you do not agree that the children will move, consider using the services of an FDR practitioner. You can then invite your former partner to participate in mediation to agree that you move as a co-parent between states.

If an agreement has been reached, this can be implemented by means of a declaration of consent (or parental plan). If no agreement has been reached, the FDR doctor can issue a certificate that is required under the Family Act to determine that one of the following situations has occurred:

  • Mediation was tried and was unsuccessful
  • Your party has refused to participate in the mediation
  • The matter was otherwise unsuitable for mediation

Single Mother Anonymous Forum | Beanstalk mothersHow to move between states as a co-parent (cont.)

Go to court for your international move

This certificate is usually required by the family court or the federal court before you can submit an application for a parent application. This also includes orders to relocate children.

If proceedings are initiated, it is still possible to settle the matter by mutual agreement and to ask the Court of Justice to take decisions by mutual agreement.

Whether the court ultimately has to make a decision to move the children or whether you and your former partner can reach an agreement, the court must make sure that the parenting regulations are in the best interests of the children. This is the most important or the most important consideration.

You do not have to provide compelling reasons for relocation, but the court will consider the competing proposals from you and the other parent. You then decide which proposal is for the children's good.

One parent could also consider whether moving to the other parent's primary care facility is an option for them. It will be a question of whether the bottom line is in the best interests of the children. Factors that need to be weighed can be:

  • The age and desires of the child / children
  • When they settle in school
  • Have founded friendship groups
  • And otherwise make good progress

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What happens if one parent moves with children without the other parent's consent?

If one parent moves with children between states and has not received the permission of the other parent or the permission of the court, the other parent can make an application to the family court or the federal court to order the location and / or retrieval of the children and their return to their former Place of residence and possibly in the primary care of the other parent.

This could not only put a lot of strain on the children, but could also lead to the moving parent being disadvantaged in these procedures. This is due to the fact that the Court may have considered that they acted in a way that has demonstrated the lack of respect for the right of children to have a meaningful relationship with both parents. In other words, their chances of successfully convincing the Court that moving is in the best interests of the children can be significantly reduced.

Take a child-friendly approach to your interstate train

It is always advisable to maintain a child-friendly attitude during conversations (be it directly with your former partner, through mediation or in the course of legal proceedings if it has started). This includes demonstrating willingness to promote and promote the relationship between the children and the other parent in accordance with current regulations.

A child-friendly approach by the resettling parent is all the more critical since the children should be spatially separated from their other parent. The court will likely look for a clear indication that the parent moving has the attitude necessary to ease and address the challenges of a long-distance relationship between the parent and child.

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This article is intended as a guide only and is in no way a legal advice that would depend on the circumstances. If you would like to move between the states as a parent, consult a family lawyer.

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Fiona Hotop

Fiona Hotop

Fiona Hotop is a Senior Associate Lawyer with Cominos Family Lawyers, a licensed specialist in family law and a member of the Family Law Section of the Law Council of Australia, the Law Society of NSW and the NSW Women Lawyers Association.

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