4 Comments Family & de facto law, financial agreements, consent orders
go to auslit and search for relocation. The case referred to by Patrick doesn't reflect your situation. Let me know how you go in your search. I've done the same and found several cases that eased my mind.
mate each case is different and sadly so is each judge. You will find as many cases to support you as you will to refute you. BUT the fact is she relocated without consent, not a good look. BUT to make you feel better read this one
emca01 2014-01-09 23:01:32
Difficult to find cases with similar facts, particularly as the decision of a judicial officer in a court (eg criminal) is not usually binding on a judicial officer in another court (eg family). Precedent is not strictly binding in children's matters, as occurs in other areas of the law, principally because each children's matter is so idiosyncratic. Just have to go back to the best interests of the child and the factors that the Court takes into account in determining that: see s 60CC FLC: http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s60cc.html .
Here's another case that may be of some assistance: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCCA/2013/1677.html .
Have a particular look at s 60CC(3)(i) FLA - " . . . the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents;". The Court tends to take a dim view of a parent who takes a child " . . . interstate on the basis of false allegations of threat/violence . . . "