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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5343
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am an irish citizen i have a 7 month old baby with an

Customer Question

i am an irish citizen i have a 7 month old baby with an irish fella who is an australian resident, we have split up i am pregnant again and wish to return home as i am suffering from depression need my family, but he is going to court to stop me leaving with the baby he knows how unhappy i am can he do this as i am pregnant again
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

Hello
Well, as he does have rights over the child, he would need to argue to a court that it is in the best interests of the child to stay here.
You being depressed sadly is not enough to argue the move back home.
You need to prove to the court that its is frankly 'stupendously awesome' for you to return rather than stay here where you can find work and the child can be with the father.

Expert:  Daniel replied 1 year ago.

I assume you have family back home, a support group and the like, but it would still be extremely hard for you to leave sadly.
I wish I could give you better news, but cannot give you false hope and false advice.