NSW International relocation

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20 February 2020
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I am on a bridging visa A, currently awaiting a decision for our partnership visa application. Our relationship has broken up and we will need to cancel that visa application soon and then I will have 28 days before I am forced to leave the country. I am an American born citizen and my daughter is also American born but just received her dual citizenship this month. She is 2 months old and strictly breast feeding.
If I am going to be forced to return to the States, will I be allowed to take my infant? She has a usa passport and there are no courts involved. Another reason for relocation is that I have a full time, well paid job in my career waiting for me back home as well as a place to stay and the support of 3 brothers, 2 sisters, and 15 nieces and nephew, 6 of which are adults and free child day care though my family. Here I have no support nor family.
 

GlassHalfFull

Well-Known Member
28 August 2018
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Short answer... If your ex partner is not willing to fight it, sure, you can leave anytime you like with your infant (you will need a valid passport for them though obviously but it sounds like you do since the child was born in the US and is now in Australia).

If your ex partner is not willing to accept you taking the child, then they can (and should) open a case in the family court so that the court can decide. Effectively this would be an interim order to the Federal Police to prevent the child leaving until a relocation case is heard. I don't know enough about relocation cases to give you any indication of how the court would rule in such a situation though. It sounds like a sad situation for all concerned with no good outcomes either way. :(
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Short and simple - no, you don't get to just grab the kid and go.
The consent of your ex is in play.

Have a read of this.