Legal Question in Family Law in Australia
Leaving the country
I live in australia with my 3 year old daughter. She was born in australia. i was born in nz. when she was 3 months old we moved to nz because things didnt work out with her father. we split up b4 she was born. when she was 18 months old we moved back to australia to give her father a chance to be a dad. he and i did not at any point get back together. things have not worked out. he is not putting effort in and although i have stayed here for 18 months he's getting worse. i cant get work due to problems with kindy and child care even tho im studying so i can work. he has mental problems drug problems and alcohol problems. i want to move to nz to get my daughter into kindy then school and so i can work. i dont want her father to stop me. do i tell him then fight to leave the country? do i just leave then tell him once we're gone? what do i do? i want to move to nz without him stopping me.
1 Answer from Attorneys
Re: Leaving the country
I advise against leaving without telling him. Once he finds out he is likely to take steps to have your daughter returned to Australia. I suggest telling him you wish to relocate and trying to negotiate arrangements so he can have contact while you are in NZ. If that is not successful you can then make an application to a court which will decide whether to allow you to relocate with your daughter. In most cases these applications are successful. I can't advise whether you will be successful without further information.