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VIC How to Stop Ex Husband Taking Daughter Overseas?

Discussion in 'Family Law Forum' started by Hellen, 29 June 2015.

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  1. Hellen

    Hellen Member

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    How I can stop my ex husband taking our daughter to another country under family law? She is 6 years old.
     
  2. Tim W

    Tim W Lawyer

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    Does the child have a passport (from any country)?
     
  3. Tracy B

    Tracy B Well-Known Member

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    Hi Hellen,

    If your ex husband has not yet removed your child from Australia

    Apply to the Family Court for an injunction to prevent your ex husband from taking your child overseas. Other steps: place your child on the airport watch list, alert the Passport Office to prevent them from issuing your child a passport (if no passport is already issued). The Passport Office will not issue a child a passport without the consent of both parents. If your ex husband wants to apply for a passport without your consent, he will need a court order. Therefore, you can apply to the court to prevent your ex husband from obtaining one.

    If your ex husband has already taken your child overseas

    Then you need to apply to the court for a relocation order as soon as possible. Read this information sheet from the Australian Federal Police on recovery orders.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Is this for a holiday or is there a risk of permanent relocation?
     
  5. Hellen

    Hellen Member

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    She has australian passport,and I think he wants to leave her there.
     
  6. AllForHer

    AllForHer Well-Known Member

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    If you have a genuine fear that the father will abduct the child to a foreign country, then you can apply to the court for an urgent parenting order that restricts travel with the child and places them on the airport watch list. Alternatively, the court might impose a bond that facilitates the travel but places funds from the other parent into a trust account to be used to cover legal costs if proceedings to return the child have to commence.

    I believe the form is on the Family Coirt website.
     
    Tim W likes this.
  7. Tim W

    Tim W Lawyer

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    There's also a useful page here.
    Read down the page a bit to where it talks about overseas travel.
     

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