VIC Custody of Child and Interstate Relocation - Mediation?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
15 February 2015
I am from Tasmania and have recently had some issues with my daughter's father, we had planned to move to the mainland from Tas and had packed everything up, gotten rid of the house I was renting and had purchased a camper van for ourselves and our daughter to travel up in. About six weeks after everything had been finalised and was getting ready to book our tickets on the boat over we had an argument which resulted in our daughter and I going to emergency accommodation to try to calm things down and sort the issues out.

In the five weeks I was at the emergency accommodation, we was unable to sort things out and was told to take our daughter to Melbourne for the Christmas period to see my brother, since being over here things haven't resolved and have since then apparently split up. I have stayed in Victoria as don't know what to do and am currently seeking mediation between myself and my daughter's father to try to figure things out as he still is in Tasmania. I don't see mediation going well between us and it possibly ending up in family law court.

What are the chances a judge will tell me to return to Tasmania?

Please any advice would be appreciated.

Tracy B

Well-Known Member
24 December 2014
Hi there,

I'm very sorry that your question was left unanswered for so long, it must have slipped through the cracks. Have you since resolved your dispute with the father?

In case your matter has not been resolved, I'll try and answer some of your concerns:

What are the chances a judge will tell me to return to Tasmania?

A judge cannot tell you to return to Tasmania. However, because you have taken your daughter with you, the father can go to court for an order to recover his daughter from Melbourne. You are allowed to take your daughter interstate without the father's consent because you and the father have no legally binding custody agreement. However, it is always recommended that you get the father's consent first, because if the father refuses and wants to recover his child, he can apply to court for a recovery order. If the father receives a recovery order for the child, you must comply with the order and return your daughter to Tasmania according to the recovery order.

am currently seeking mediation between myself and my daughter's father

How did this go? Did you and the father find a mediator?

If you're still looking for a mediator, a good place to contact is Relationships Australia. There are also free women's services available that may help you, you can try Women's Legal Service Victoria. The Australian Government also has some great resources for family relationship advice.

Apologies for the delay and please let us know how it turned out.