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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44347
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am divorced women with 1 chil who is 1 year old now.. I

Customer Question

Hello, I am divorced women with 1 chil who is 1 year old now.. I was seperated because there was a domestic violence and he went to jail for a period of time then he contacted me And pushed me to change my statment so the charges drop aginst him. I still have DV order aginst him with many support litters from women refuge, ripe crisis and domestic violence department.
My ex did not see his child at all just three time when he was just 3 months old and 6 months and then i losted contact with him when i ask him to get agreement for visitation time. Now my son 1 year old his father are working in cash hund so he did not support me at all. I meet a man who I really love but he is live in USA with a very good position and can support me financly.
I want to relocate with my son to USA. Actually yesterday I took to my ex ask him if he want to see his son he agree to go to mediation and write an agreement give me full custdy and he can see my son every Sunday and also he will sign the passport application but he will not allow me to travel more than 1 month. I am really in very confused station and need some advice.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

I do not like giving bad news but without the fathers consent you cannot take the child overseas. If your child does not have a passport the father has to consent for one to be granted.

If the child has a passport then you can take the child out of the country but be aware he can file an application to get the child back because he did not agree to the child being removed from the jurisdiction.

Alternatively you can try and get the order for a relocation.

Here is some information.

They are not simple matters and the court is more concerned for the welfare and what is in the best interests of the child not the parents.

Your husband needs to consent.

I hope this makes sense and is of assistance. If there is nothing further

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If I have missed anything, or you have any further questions please let me know

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