QLD Do I Need Consent Orders to Move with Son?

[Manny05]

Hi,

First time posting. I am wanting to relocate to USA with my 3-year-old son to live with my fiancee. 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!

 

[AllForHer]

Has the child got a passport?

 

[Manny05]

Yes he does.

 

[sammy01]

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?

 

[AllForHer]

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.

 

[Manny05]

Ok, thank you for your help.