What happens if a Territory court is handling my case but my ex moves interstate?

In Plain English

If you're in a Territory court dealing with a family law matter, the court can only proceed if at least one of you lives in that Territory when the case starts or is moved to that court. If your ex moves interstate after the proceedings have already commenced, it doesn't automatically remove the court's ability to hear the case. However, depending on the specific circumstances, it might be possible to transfer the case to a court in another state or territory if it's deemed more appropriate or in the best interests of justice, as described in the Jurisdiction of Courts (Cross-vesting) Act 1987.

Detailed Explanation

Section 69K of the Family Law Act 1975 states that a court of a Territory must not hear or determine proceedings under Part VII unless at least one of the parties to the proceedings is ordinarily resident in the Territory when the proceedings are instituted or are transferred to the court.

However, the Jurisdiction of Courts (Cross-vesting) Act 1987 allows for the transfer of proceedings between different courts, including those of different states and territories, in certain circumstances. Specifically, section 5 of the Jurisdiction of Courts (Cross-vesting) Act 1987 outlines the circumstances in which a court must transfer a proceeding to the Supreme Court of a State or Territory, including if it is in the interests of justice to do so.

Additionally, sections 586-35, 586-40 and 586-45 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 outline circumstances where proceedings can be transferred between courts, including the Federal Court, the Federal Circuit and Family Court of Australia (Division 1), State Family Courts and lower courts of a State or Territory. These sections also consider the interests of justice when determining whether a transfer is appropriate.

Therefore, while the initial jurisdiction of the Territory court is based on the residency of at least one party at the start of the proceedings, a change in circumstances, such as one party moving interstate, could potentially lead to a transfer of the proceedings to a court in another jurisdiction if it is deemed more appropriate or in the interests of justice.