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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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