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Child Relocation

Difficulties often arise when one party, particularly the party with whom child or children are living with, decides that they wish to relocate to a different town, state or country. The difficulty with relocation is the restriction it is likely to put on the amount of time that the non-relocating party can spend with the child or children.

If you are the primary carer of your child and you wish to relocate, the best approach is to first try and reach agreement with the other parent and then formalise the arrangements through a written parenting plan or consent orders. Do not assume that it is okay to move simply because there are no orders in place.

If you cannot reach an agreement, you can apply to the Court for a parenting order allowing you to relocate with the child. In making such a decision the Court will determine what is in the child’s best interest.

The team at Wiltshire Lawyers is well known for their expertise in the area of child relocation.

This is an area of particular interest to Andrew Wiltshire and he has dealt with a vast number of cases in both the Family Court of Australia and the Federal Magistrates Court of Australia.

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Latest Wiltshire News

How is a parent defined under the Family Law Act? This questions was posed to the Family Court In the recent case of Groths & Banks [2013]


Thursday, 18 July 2013

In recent case of Groth & Banks [2013] FamCA 430, the Family Court was asked to clarify the definition of a parent under the Family Law Act (Cth) after a child was conceived by assisted reproductive technology (“IVF”). Here the Applicant was the person who supplied his genetic material and sought parenting Orders from the Court after the Mother denied his attempts to partake in parenting the child.

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Affidavits and Interim Hearings - Part 3


Tuesday, 9 July 2013

Drafting helpful Affidavits

The result in Chapa [2012] FMCAfam 1420 (18 December 2012) (see Part 1 of this Article) may have been very different if the father had provided one coherent and comprehensive affidavit by himself, setting out the facts and supporting evidence for his own case, and facts which provided evidence and support for his denials of the mother’s vast and vague allegations of family violence against him.

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