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My ex moved away, how to decide new arrangement

Printed From: AussieLegal
Category: Family Law, Defacto Law
Forum Name: Divorce, Consent Orders, Binding Financial Agreements
Forum Discription:
Printed Date: 27/May/2019 at 05:25

Topic: My ex moved away, how to decide new arrangement
Posted By: alexsmum
Subject: My ex moved away, how to decide new arrangement
Date Posted: 10/September/2018 at 16:31
I live in Sydney, my ex recently moved away 3hrs 15mins drive from me, he did not notify me till he made the decision and informed me his moving 2 days before.

I have my son 9 yo most of the time, his dad has him every another weekend, pick him up Friday after school and return Sun night.

Any idea how does it work after his dad moved? as I have been demanded by my ex to drop him off middle way on Friday arvo and pick him up Sun. arvo as before. My son is very tired after one way travel. and I had no weekend if I do so because I spend most of time travel and resting! I have never drove out of Sydney by myself. but made a great effort to drive 2 hrs on Father's day weekend. I need some help on how to reach a reasonable agreement with him...

Many thanks!

Posted By: citizen-joe
Date Posted: 10/September/2018 at 19:37
As he moved I'd think it was up to him to call and pick up the child from your place.

Others will assist here, but you may need an order to this effect. He may wish to apply for an alternate order.

Posted By: DoogleMcFroogle
Date Posted: 11/September/2018 at 10:29
What are the current orders in Place? You mention your ex to pick up Friday arvo and return to you Sunday night - is this written in the orders?

If so - your ex is responsible to pick up and return to you. It was his decision to move and you have no obligation to meet him halfway unless new orders are written up ( and you agree to them ).

Posted By: alexsmum
Date Posted: 11/September/2018 at 16:01
There isn't current order in place, previously he picks him up from school, and when return on Sunday afternoon, I meet him in middle way...

Posted By: alexsmum
Date Posted: 11/September/2018 at 16:10
We had a written agreement just after divorced through mediation, which was 6 years ago, he pick up and drop off at my place. We were both living in same area in Sydney.

2 years before, I moved 40 mins drive away from him, the routine on the agreement did not fit any more, we had oral agreement that he picks up his son on Friday arvo, and I pick him up on Sun. arvo every 2nd weekend.

Till now, he moved 3 hrs drive away...

BTW, I have been accused by him when I moved,(which is still in Sydney) legally do I need his agreement to move, if so what the is range/kms?

Many thanks!!

Posted By: DoogleMcFroogle
Date Posted: 12/September/2018 at 11:46
YES - a new agreement should be done anytime anyone moves.

In your new agreemtn ( go through mediation ) get him to do pick up and drop back as he moved 3 hours away

Posted By: alexsmum
Date Posted: 12/September/2018 at 16:21
Thanks, he has insisted me drop off and pick up half way and holding me and my son's overseas holidays as leverage.

Is there anything I can say/do to let him pick up/drop off as you advised?

Many thanks!!

Posted By: alexsmum
Date Posted: 12/September/2018 at 16:28
If go to court (mediation fail), how does the court judge in this case?

Posted By: DoogleMcFroogle
Date Posted: 13/September/2018 at 09:36
Generally the court will rule in your favour as he is the one that moved a significant distance away.
Start mediation immediately

Posted By: alexsmum
Date Posted: 13/September/2018 at 15:05
Many thanks!

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