Hello,

If you cannot get the father to agree to your daughter relocating with you then you will need to take the matter to the Family Court or Federal Magistrates Court to obtain the required relocation orders. The overriding principle in children’s matters is the best interests of the child. So you will need to convince the Court that it is in the child’s best interests that you are allowed to relocate and your daughter resides with you.

The objects in deciding children's matters in the Family Court are to ensure that children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the best interests of the child; and protecting children from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence; and ensuring that children receive adequate and proper parenting to help them achieve their full potential; and ensuring that parents fulfill their duties, and meet their responsibilities, concerning the care, welfare and development of their children.

The principles underlying these objects are that children have the right to know and be cared for by both their parents, regardless of whether their parents are married, separated, have never married or have never lived together; children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives); and parents jointly share duties and responsibilities concerning the care, welfare and development of their children; and parents should agree about the future parenting of their children.

As stated previously the overriding principle is the best interests of the child and you will need to convince the court that it is in the child’s best interests that you are allowed to relocate with the child. Persuasive arguments you might raise for relocation might be that you have better career prospects, more family support, access to necessary facilities that are not available in the current location, special needs of the child etc.

I suggest you contact a local family law specialist solicitor in your area for specific advice on your situation as soon as possible. The Queensland Law Society can refer you to an appropriate solicitor in your area and their contact number is:3842 5888