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Can my Ex stop me from moving with my dauhter

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Hi I would like to know if my ex can stop me from moving with my daughter.

Me and my dauhter live in Canberra and my ex is in N.S.W somewhere as far as I know. Just over a year ago we found out that my ex wifes new partner was sexually assaulting my then 9 year old daughter. My Ex did not beleive what my dauhter had said and since then my daughter has lived with me, my new parter and our new baby daughter. In the last year my Ex has made no attempt to have any contact at all in any form with my daughter and has to my knowlede not made any attempt to have parrenting plans or custody arrangements put in place.

There are currently no custody or parrenting plans in place and nothing has been lodged with any court to the best of my knowledge.

My new partner and I are wanting to move to Mildura Victoria to be closer to her family and to provide a better life for our children and I want to know if I have any obligation to even notify my Ex of the move and if she is able to stop us from moving even though she has not made any attempt to still be in my daughters life in over a year?
you do have to get permission to move.

 my ex has never seen our daughter and shes 1. i still have to ask his permission to move.

 i dont know how it works if you cant locate the OP though.
Actually if there are no orders in place, you can move. But be prepared that the ex may lodge an application with the court and then things could get "strained".

Believe me it does happen. My husband's ex moved even after he said he didn't want the child relocated over 900km away. Unless he took her to court (there were no orders), she could do as she pleased.
No orders means you can do as you wish.

The other party may then go to court, but if no contact at all for 1 year then it would be a hard path for them.

Just be prepared for reasons where you could demonstrate that the move is in the best interests of the child should the problem arise.
if there are no oredrs you are free to move as far as im aware. I have a child to seperation and no orders and i do not believe I have to accomidate for him at all, but in saying that he does not bother to see his child, on the other hand my hubby has child with access orders and it clearly states she can not move with out hubbies concent

Children are innocent and should never be involved in adult saga!
Im not qualified to give legal advice and only give advice on my personal experiances:thumbs:
Sorry to say- I have Orders, but my ex has decided to move interstate without my consent, without mediation (specified mandatory in the Orders) and the move in total contravention of the orders. The amount I have now spent on legal fees is getting up near $200k, so affording legal representation is getting very "difficult" for me- to say the least. My kids have been poisoned about their home (where we live) and sugar-coated stories about the new place (which they have never seen)- the warm weather, the proximity to the beach and pop stars ("our new house is a few houses from Silverchair") apparently.

I don't even have an address and can't do much at the moment as the legal system is still closed for holidays, and no Orders have 'officially' been broken as the kids are supposed to be with their mother until school goes back.

So much for Equal Parental Responsibility!

Good luck with your case!
DACC seeking an urgent recovery order is not difficult provided you have somewhere to serve it. The first step is getting one. The courts are open in regional centres this week and the courts in main centres never closed except for statutory holidays. They will all accept urgent applications. Do not delay because schools are not far from re opening at the end of the month. If they are to return to their peers and school you will need to act now.

Executive Secretary - Shared Parenting Council of Australia
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