Can I stop my wife moving away with my child?

Can I stop my wife moving away with my child?

Generally, the Court cannot prevent a parent from relocating to live somewhere else, however the Court most definitely has the power to stop a parent from taking their child to live with them in the new locality, if that area will be some distance away from the other parent and so interfere with the amount of time the …

Can I stop my ex from moving away with my child?

One parent does have the right to try and stop the other from moving and may seek a court order from the court to prevent it from happening. Such an order would prevent the child from being moved until the court has considered the case.

What can I do if my ex doesn’t return my child?

If you can’t speak to the other parent or they refuse to discuss returning the children you can apply to the Court for a Recovery Order. A Recovery Order is an order from the Court which allows Federal and State Police to return the children to you.

Can a father take a child from the mother without consent?

If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time. However, taking the child away without the other parent’s consent can be held against you in court if that action was not reasonable.

Can I refuse to give my child back?

They may either refuse to allow the child to spend time with the other parent, or even refuse any or all contact with the other parent. Often, parents have agreed to a parenting plan. If a child is not returned and there is an order in place, it becomes a legal issue.