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Testamentary Capacity. When does a person lack the ability to make a valid Will?

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I want to move my child away from my ex partner, can I?

Written on the 13 July 2017 by Natasha Smith

There are several issues that need to be considered, so unfortunately there is no clear cut yes or no answer. Basically it depends...

Unless there is an Order for sole Parental Responsibility you are required to agree on issues which effect the long term well being of your children with the other parent. This includes changing the living arrangements of the child that would make it significantly difficult to spend time with a parent.

The parent wanting to move has a responsibility to consult with the other parent and seek consent to move. If the other parent is agreeable, arrangements can be made for the child to see that parent as agreed between them.

Where appropriate, a Consent Order should be made in relation to the new arrangements. If the other parent does not agree then the relocation should not occur and a Court Order should be obtained from the Court to allow the move. Be aware that if a parent relocated without consent it is possible for the other parent to commence proceedings to have the children returned either with or without the relocated parent.

In deciding a relocation case, the Court will consider:

  • The current circumstances of the child,
  • The impact of the relocation, such as; ability to travel, financial circumstances of the parents, and the capacity, ability and willingness of the parents to facilitate the ongoing relationship between the child and the other parent, 
  • If there are any other possible arrangements such as whether the other parent can relocate to the location.

 

The Court has a duty to weigh up all the possible considerations.

It is important before any relocation that you discuss any possible move with the other parent. If they agree, ensure they are able to maintain a significant role in their child's life and get the agreement documented by way of Consent Order, at the very least in some form of written agreement.

If no agreement can be achieved seek legal advice. Each case will be determined on its individual facts and it is important that you receive advice based on your individual circumstances.

 

How we help...

Marriage or relationship breakdown is one of the most stressful life events that you will encounter.  Getting through it and successfully moving on will depend on many things, including the compassion, ability and experience of your Family Lawyer.

We understand the difficulties often encountered by parties involved in Family Law disputes and assist our clients to achieve both short and long term objectives.

If your aim is to get things resolved fairly and quickly so that you can get on with life and/or make a fresh start, call now to speak to one our Family Lawyers.

 

 

 

The breakdown of a family is a life changing event. Clients come to me on the worst day of their lives, when their world is turning upside down. I take the time to listen to my clients and from that I am able to assist them during this difficult time by giving support and up to date advice and guidance.

 

 

 

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Our Family Lawyers

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Author: Natasha Smith
About: Natasha is an experienced Solicitor having practiced predominantly in the areas of Family Law, Property Law, Alternative Dispute Resolutions, Deceased Estates and Estate Planning. Her practice is focused on advising and assisting clients to identify and resolve issues and disputes in relation to relationship breakdown, child support, divorce, spousal maintenance and end of life and guardianship issues. Natasha is able to quickly and efficiently assist clients with sensitivity and understanding.
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