modify custodial rights?!

Ex wants to modify divorce custody again. I have full custody and I have the right to establish primary residence(doesnt have a limitation to geographical area) . He is allowed to see her 4hrs a day which He does not use. He saw her twice since sept. Once for her birthday-thanksgiving and the second on Christmas for about 30 minutes. I am leaving to australia on a subclass 457 Visa and told him of this back in Sept of 2006. I had to wait for passports and Aussie visa in which I just got word from Immigration that it was finalized on the 19th of april 2006. He knew about this the whole time since Sept 2006 and I have been keeping him up to date on the progress of the passport and Visa that we were waiting for. I called him today to notify him that we were granted the visa April 19 and will be leaving April 25 and he said I cannot go because he is going to take me go to court to try to modify the visitation and I have to be here to get served..... Can he do this???

Had to make a correction on date. I told him in Sept 2006 and I just recieved word that it was finalized in April 19 2007.

If the order has geographical limitations then you need to have the judge agree. But most judges will allow you to go and work out some kind of reasonable visitation for all you. It may involve some travel for all of you.