A member asked over 8 years ago

Moving overseas with Children

Looking to move overseas with my children. I have 2 children with 2 different fathers & my sons father is ok with this but my daughters father is not. I told him we would be coming back here as I have family, once or twice a year for few weeks but he wont let her move for more than 3 months.

Neither of us have official custody but the children live with me and see their fathers on the weekend every fortnight and school holidays, if their fathers want to see them. I have only recently started receiving child support from my daughter father after 7 years of no child support. 

Is it worth going to court to see if I can take my daughter with me?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. The Family Law Act 1975 (Cth) governs the way in which parents decide on custody arrangements in Australia. Generally speaking, parents may come to any arrangement for the care of the child a that they see fit, so long as both parents are happy with the arrangement and consent to it, and the child is safe and healthy. It appears as though this is what you have done up until now with your children. Usually when parents come to an arrangement that suits them they will apply to the Family Court for approval. An order by the Court to this effect says that their arrangement is satisfactory, and from that point on it can be enforced by the Court.

You wish to take your daughter overseas, however her father does not want her to leave. Under Australian family law a parent may not withhold access to a child from the other parent without their consent, this include the relocation of a child overseas without consent. When considering custody arrangements the Family Court will always consider the best interests of the child first. In Australia this includes the right of the child to see both parents. If one parent objects to the relocation of the child it is very unlikely that a Court would approve this.

Suggested way forward

It is always worth contacting a lawyer to learn more about your rights and obligations as a parent. You can get in touch with your local legal aid office, or alternatively, by pressing the "Take Action" button through LawAdvisor - which opens in early September - we can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer


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