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A Gold Coast woman divorced from her husband a decade ago has been forbidden by the Family Court to relocate to central Queensland to live with her fiancée.
The move comes despite a landmark Family Court decision in July to allow a Cairns mother of two to move interstate and remarry, against the wishes of her former husband.
The ban on the Gold Coast woman orders her to reside within 100klms of her former husband, so he can have access to their son, 11.
But documentation submitted to the court shows the woman had agreed her former husband could have access to the boy at call and during the school holidays, for which she has offered to pay travel expenses.
The Ashmore woman, 38, who was divorced in Victoria in 1987, now intends to fight the ban through the courts, taking the matter to trial next year.
Her lawyer, Kerry Smith, last night described the situation as “disgusting”.
It’s a very, very sad situation that unfortunately a lot of people are finding themselves in and the law is just not accommodating them,” she said.
“This is a case where a woman is only trying to make a better life for herself and of course he son.”
“Now, she is being placed under great stress, not to mention what the whole matter has and will cost.”
The lawyer representing the child’s father, Frank Sabben, said he could not discuss the case in detail. He confirmed that the matter was being prepared for trial.
In an interim order in April, Brisbane Family Court Justice Jordan ordered the woman to remain within 100km of her former husband. That order was upheld during a further hearing last week.
The woman had moved to Western Australia earlier this year when her fiancéeobtained a new job. She returned under a Family Court order and her fiancéewas able to transfer to a new position near Gladstone.
She now fears he will be forced to resign the $1000-a-week job.