Category Archives: Uncategorized

We’re Back

So we had a week off posting, but we’re back.

Hope to upload a new post this afternoon!

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“But I don’t wanna go!”

But I Don't Wanna Go

In 2011 a matter went before the Court when the father accused the mother of disobeying the court orders. The mother claimed she had a “real” and valid reason for not following the court orders in taking the children, aged 11 and 13, to see their father.

The reason why the Mother wasn’t taking the children to see the father was because the children “didn’t want to go”. The Court said it was important that the parents don’t see each other as enemies who are to be sabotaged at every turn. The Court said the parent’s role was to be an active one – encouraging the children to go see each parent positively.

“My child doesn’t want to/won’t go” is not a valid excuse to not follow court orders.

It seems the Court is saying that the parents have to remember that they, and not the children, are the parents. Also keeping in mind that children do not always know what is best for them, and each parent should take the Court orders seriously and follow them regardless of the tantrums thrown.

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Mother relocates child from Adelaide to Queensland to be with Internet Lover

April 2012 saw a seven year old boy be moved from Adelaide to Queensland so that his mother could make a new life with an internet lover she had met online the year before. The boy’s father was in Adelaide, unaware of the fact that the Queensland holiday he had agreed to actually mean his son was moving states. The Father found out after the boy had been enrolled in a Queensland school.

The Mother claimed that as she was the primary caregiver then the boy ought to be allowed to move with her. She also stated that the boy had no wish to move back to Adelaide with his father and that the boy was calling the Mother’s fiancé “dad”.  The Father rightfully and strongly disapproved of the child’s relocation and applied to the court for an order that would bring his son back.

Federal Magistrate Brown granted the Father’s wish and created an order that sought the Mother’s return to Adelaide with their son within fourteen days of the orders being made. The Federal Magistrate stated that relocation shouldn’t occur in situations where there are recent developments that can modify the relationship between son and parent especially when that development is because of the actions of one parent.

The orders created to return the son to his Father confirm the court’s approach to parenting orders: parents should have some security that their children cannot be relocated without the court’s say so, or without an explicit agreement between Mother and Father.

Talia [2012] FMCfam567

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