I'll try to make this as short as possible, but the history is long and complex lol.
So my husband and I are contemplating moving to Australia. We both have job offers there and honestly I want to run away from winter. My question is what are the chances of a judge allowing this to happen with my 9 year old.
I have had sole custody of my 9 year old since birth, court ordered since 18 months. I have primary residence and dad has every other weekend, every other Wednesday and two non consecutive holiday weeks for access. My child does not want to see dad as it stands. CAS has been involved multiple multiple times from calls from the school and doctors, a therapist is involved in my child's care, and recently the police have had to locate and obtain my child for me as dad was not returning from access. Further I have a child with my husband. My two children have a very close relationship. The father of the 9 year old does not have any other children.
Based on all of this what are the chances that I would be given permission to move with my child? I don't want to start the process unless I'm reasonably sure that I'll win, as my understanding is starting this proceeding can be quantified as material change and have custody called into question. I don't want my child suffering anymore, as it stands my child would rather not see dad (therapist is involved because last year the family doctor was told suicide was preferable to seeing dad). I know it's not usually until 13 that a child can have a say, and if we have to wait until then we will, but obviously we'd prefer to get on with it.
Thanks for the help/advice!
So my husband and I are contemplating moving to Australia. We both have job offers there and honestly I want to run away from winter. My question is what are the chances of a judge allowing this to happen with my 9 year old.
I have had sole custody of my 9 year old since birth, court ordered since 18 months. I have primary residence and dad has every other weekend, every other Wednesday and two non consecutive holiday weeks for access. My child does not want to see dad as it stands. CAS has been involved multiple multiple times from calls from the school and doctors, a therapist is involved in my child's care, and recently the police have had to locate and obtain my child for me as dad was not returning from access. Further I have a child with my husband. My two children have a very close relationship. The father of the 9 year old does not have any other children.
Based on all of this what are the chances that I would be given permission to move with my child? I don't want to start the process unless I'm reasonably sure that I'll win, as my understanding is starting this proceeding can be quantified as material change and have custody called into question. I don't want my child suffering anymore, as it stands my child would rather not see dad (therapist is involved because last year the family doctor was told suicide was preferable to seeing dad). I know it's not usually until 13 that a child can have a say, and if we have to wait until then we will, but obviously we'd prefer to get on with it.
Thanks for the help/advice!
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