Relocating with the kids – the difference between interim and final orders
Moving house, city, or State after separation and divorce is common. Many people find they want to return to their home town, or live somewhere closer to friends and family. But what happens when children are involved? It’s not easy – or right – to simply take your children and move somewhere else.
It’s important to have court orders in place which state where the children will live and with whom.
And it’s also important to remember that these orders will be, at least initially, will probably not be final orders.
Make sure you understand the difference between “interim” and “final” orders.
An Interim Hearing
In a recent case, a mother appealed against interim parenting orders, which said her six and three-year-old children should live with their father.
The mother had unilaterally relocated with the children to an area two-and-a-half hours away from the father, and a judge initially ordered the children be returned to live with the father.
However, after the mother’s appeal, the father’s availability to care for the children was brought into question, and the children were returned to their mother.
The family currently has only interim orders in place, pending a final hearing.
A Final Hearing
In another recent case, a father unsuccessfully appealed against orders allowing his former partner to move from Sydney to Melbourne with their young child.
The mother told the court she wanted to live in Melbourne where she had family support and also said she had concerns for her mental health if she was forced to remain in Sydney, where she was dependent on her ex for financial support.
A family report writer recommended the child stay in Sydney to support her relationship with her father, but also said the child would have no difficulties living in Melbourne, even if the father was to stay in Sydney.
At the final hearing the judge made orders allowing the mother to relocate to Melbourne, after a period of 18 months when the child would be three-years-old.
The father appealed, saying the judge failed to give sufficient weight to the family report writer.
However, the appeal was rejected, as the court noted the father would have 18 months to consolidate his relationship with the child, and, as he was in a superior financial position to the mother, he would have no problem travelling to Melbourne regularly to remain in contact.
Final orders were also put in place for the father to spend time with the child on weekends and holidays, after the move to Melbourne.
Practical tips for moving after separation:
- Look at getting specialist family law advice first, even if it looks like arrangements will be amicable
- Talk to your ex first, if you can. Open and honest communication is important.
- Get parenting orders in place, outlining where the children will live primarily, and how often they will be spending time with the other parent.
- If you can’t agree, you may need to attend court-ordered mediation.
- You may need to provide information about why you want to relocate and what support systems you will have in place at your new home.
- Be patient – this will likely not be a simple and quick process.
Every family situation is different and it’s important you get advice tailored to you. If you need help with separation, parenting orders, or relocating with your children after a divorce, call Michael Lynch Family Lawyers on: (07) 3221 4300 or email: [email protected]
