How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick H. Your Own Question
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
61534878
Type Your Australia Law Question Here...
Patrick H. is online now
A new question is answered every 9 seconds

Hi Im moving state with my daughter and Ive let my ex(her

This answer was rated:

Hi I'm moving state with my daughter and I've let my ex(her father know) I'm just wondering, do I need written permission for her from him to move state? And what can I do if he's threatening to take her so we can't move.
If there are no orders in place then you won't actually be breaking the law if simply take your daughter with you, but be aware that the father could apply to the court for orders requiring the child's return.

Similarly, if the father takes the child away from you, then you also could seek orders to recover the child.

As to your planned move, there is a general presumption that neither parent should take the child away from the area where they lived as a family so that both parents can be involved in the child's life. So, if contested in court the party wishing to move will have to convince the court that it is child's overall interest to move (and not just the interests of the moving parent. If the father has only limited involvement with his daughter then a court is unlikely to oppose a move if there is a good reason for the proposed move, but the father has a very close relationship the court will be less easily persuaded.

Naturally the assistance of a family lawyer is strongly recommended in cases like this and where the move is imminent or has just occurred, the opposing parent should definitely seek urgent orders as it harder to get orders reversing a move than orders preventing a move.

Following are some cases which may assist your understanding of what the court considers when dealing with disputes of this sort:

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FamCA/2009/974.html

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FamCA/2007/1127.html

Each case turns on its merits, however, so only a fully briefed lawyer familiar with your and the father's situation can give you firma dvcie as to whether the court would stop you removing (or make you return) your daughter.

I appreciate this is not the answer you were hoping for, but it does reflect the law as it applies to your situation.

Please rate my answer so I can be paid by the website operator.

Please note I am only paid if you rate me with three or more stars/smileys.

Thank you and good luck.

Patrick
Patrick H. and other Australia Law Specialists are ready to help you

Related Australia Law Questions