I was successful in an international relocation application for a client who wanted to relocate with her child from Thursday Island to the Czech Republic.
Yes, it was a lot of work but I had a dream client who worked with me.
The child was 11 years of age. Since separation, the child had lived primarily with the mother and spent regular time with the father.
In that case the Family Consultant recommended that the child continue to live in Australia.
The Family Report is only one piece of the evidence during a contested hearing.
The Judge had before her, a large amount of written evidence and also had the opportunity to observe the parties and the various witnesses being cross-examined.
In that case, the Court had appointed an Independent Children’s Lawyer who ultimately did not agree with the recommendations of the Family Report Writer. The Independent Children’s Lawyer sought Orders which supported the proposals of the mother.
After the Judge, who first heard the matter, handed down the decision, the father applied for a Stay of the Orders pending the Appeal. I argued against the Application for a Stay of the Orders and the Judge refused to grant a Stay. The father Appealed against the refusal to grant a Stay and that Appeal was dismissed.
The husband Appealed against the decision that the mother was allowed to relocate with her child to the Czech Republic.
The Full Court held that the Trial Judge undertook a very thorough and detailed consideration of the evidence, including from the Family Consultant and the relative statutory considerations. There was no error established.
The father’s Appeal was dismissed and the mother was able to relocate with the child to the Czech Republic.
Sometime after settling in the Czech Republic I received a beautiful card from the mother and the daughter.
Any questions? Don’t hesitate to contact us.
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