QLD Family law relocation

[Rebecca Ryan]

Hi there,

I have a 14mo girl with my partner, my daughter and I are both NZ citizens and my partner is a french citizen. My daughter was born here and we have lived in Australia for 3 years.

My partner is emotionally abusive and very controlling and I would finally like to leave. He has told me many times I am able to take my daughter back to Nz but he will then fight me for custody. I have tried to talk with him and figure out a solution but he is unwilling to have a conversation and just continues to try and be spiteful or manipulate me. So I am feeling very trapped.

I have no family or friends here as they are all back in NZ. All his family are in France.

We have no court orders in place so far and he has already told me he will not go to mediation.

I would like to know if I went back to Nz am I able to apply for court orders there and custody? Or because my daughter has lived the majority of her life in Australia will I need to go through the courts here? I want to move to Nz but I do not want him to go to the courts and say I have kidnapped my child or anything like that.

 

[sammy01]

Child has an Australian birth-certificate?

Look you're better off seeking legal advice before leaving. sounds like he will apply to court to have you returned if you left, so seeking permission from the court prior to leaving is your better option.

Does ex-partner have permanent residence status in Australia?

 

[Rebecca Ryan]

Child has an Australian birth-certificate?

Look you're better off seeking legal advice before leaving. sounds like he will apply to court to have you returned if you left, so seeking permission from the court prior to leaving is your better option.

Does ex-partner have permanent residence status in Australia?

Yes she has an Australian birth certificate and no he is on a sponser visa with me until June 2018. Ok thank you I will talk with a lawyer and apply to be able to take her back to NZ. It's just that we have a shared account and because I am a stay at home mother I am not actually allowed to use it as it is "his" money.

 

[Rod]

Yep, legal advice is needed before moving, else you may be seen as the 'bad' parent. As your daughter is 14 the court may attach reasonable weight to what she has to say.

 

[Rebecca Ryan]

Yep, legal advice is needed before moving, else you may be seen as the 'bad' parent. As your daughter is 14 the court may attach reasonable weight to what she has to say.

No she is only 14 months old (1 year old) not fourteen. Yes it looks like I will need to go through the family law and ask permission to move thank you fro your answers

 

[Rod]

Sorry, yes your OP does say that. And yes, going to court is better if you want to hang onto your daughter. Deliberately moving away especially when your (ex)partner has said no can be used against you. Though in your favour is the age of your daughter. Courts would be unlikely to separate mother and daughter at this stage without a compelling reason.

 

[Kiwimum]

Hi Rebecca,

I am just wondering how you are getting on and what the outcome was for you? I am in a similar situation except my partner is also NZ. I also have no money of my own except to pay the bills, and he is very controlling and the likes. I am wanting to head back to nz but like you will need a court order