In DCCSDS & Ibbott (No 2) FamCA 698 a mother entered Australia on a student visa from Ecuador. The child’s father lived in Australia but had refused to pay child support. The mother agreed to study in Australia if the father would assist with the child’s living expenses.
Soon after arriving, the father stopped contributing substantially and the mother informed him of her intention to return to Ecuador. The father filed an Application in the Court and the mother was prevented from leaving Australia.
One of the main considerations the court made was the “habitual residence” of the mother and whether the father could show that it had changed from Ecuador to Australia.
As the mother was only here for three and a half months and on a student visa, seemingly the court’s opinion was that the mother and child had not achieved such stability in Australia to be considered “settled” here.
For this reason, amongst others, the mother was allowed to return to Ecuador with the child.
Child relocation can be a complex process. We therefore recommend you seek legal advice from one of our family law solicitors. We invite you to discuss your particular situation with our Legal Practitioner Director, Ms. Shannon Bodeker, who has High Court experience in relocation matters.
Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment.
Please note this is not family law advice. It is important to seek specific family law advice. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding relocation.
Email our Legal Practitioner Director Shannon Bodeker at email@example.com now for your complimentary pre-read and your first appointment at a reduced rate.