The introduction of the Family Law Amendment (Shared Parental Responsibility) Act 2006 introduced a legislative intent in favour of substantial involvement of both parents and this it seems is having an impact on relocation decisions.
This amending legislation places greater emphasis on the importance of involving both parents in the life of the child. The courts are directed in all parenting matters to apply the considerations found in Section 60CC of the Family Law Act and these considerations can impact on a parent’s freedom of movement.
As with any parenting order, when deliberating on child relocation matters, the court must consider what is in the child's best interests pursuant to S60CA of the Family Law Act. In addition, consideration must be given to “the individual needs, desires, health and aspirations of the particular child.” [Harris & Caker (2010) FamCA 1046 per Murphy J at 48].
its important to distinguish between divorce and financial settlement, they are mutually exclusive issues. However, once a divorce is granted, the clock starts running on commencing proceedings for a financial settlement. This can be relevant for example, where parties are living apart and one party remains in the family home and is content to remain there indefinitely. Possession of a joint tenancy is often highly advantageous. Conversely, a party may be shielded from adverse financial issues attached to a former spouse once divorced.
Divorce applications can be filed jointly or by one party. Joint applications are preferable because the filing process is less involved.
Suppose you were married overseas and have documentation in a non-English language. In that case, the documents will need to be translated by a National Accreditation Authority for Translators and Interpreters approved translator.
If the original Australian marriage certificate cannot be located, you can apply for it.