Legal Question in Family Law in Australia

need advice please.

My daughters father is not on her birth cert, has never helped support her, is involved in drugs and unemployed. He has had chances but has only ever seen her once in 6 mths. I want to move to another country, would i have any chance of getting full custody?


Asked on 2/12/08, 5:38 am

1 Answer from Attorneys
Bruce Provan Harrington Family Lawyers

Re: need advice please.

If there is a court order relating to your daughter then you cannot take her out of Australia without her father's consent or a court order to allow you to do so. If there is no court order I suggest you notify the father in writing you wish to take your daughter to reside overseas. He can make an application to court to seek an order to prevent you from going. The court can then decide if it will let you and your daughter go. If he has only bothered to see her once in 6 months you might have a good chance but I can't really say without more information. If you go to live overseas with your daughter without notifying her father he can take legal action to have her returned to Australia. You might then need to make an application seeking an order to allow you and your daughter to go to live overseas.

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Answered on 2/12/08, 11:57 pm


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