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QLD Do I Need Consent Orders to Move with Son?

Discussion in 'Family Law Forum' started by Manny05, 30 September 2016.

  1. Manny05

    Manny05 Member

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    Hi,

    First time posting. I am wanting to relocate to USA with my 3-year-old son to live with my fiance. My question is, can I legally move without getting consent orders, etc? The father has no relationship with the child. There are no parenting orders or anything in place.

    I have looked this up a lot, finding mixed answers. Some say they have moved with the child without this. Yes, the father's name is on the birth certificate. I also have a DVO for this person.

    If I do need consent, etc, would I be able to get Legal Aid for this kind of thing?

    Any help would be appreciated, thanks!
     
  2. AllForHer

    AllForHer Well-Known Member

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    Has the child got a passport?
     
  3. Manny05

    Manny05 Member

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    Yes he does.
     
  4. sammy01

    sammy01 Well-Known Member

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    You are better off to ask dad for permission. What happens in a few years when the passport expires and you need dad's signature to get a new one?

    Have you asked dad for permission?
     
  5. AllForHer

    AllForHer Well-Known Member

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    If you've got a passport, there's technically nothing stopping you from taking the child abroad, but if dad gets wind of it and decides he's not agreeable to that, then he could pursue Hague Convention proceedings against you to have the child returned to Australia. Unde Hague, international relocation without consent is considered abduction, so it may become a very long and challenging process for you.

    You're better off contacting dad to let him know your plans and getting his consent first.
     
  6. Manny05

    Manny05 Member

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    Ok, thank you for your help.
     

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