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Relocation..need advice!

Hi all,
I hope I'm posting in the correct forum.

Just after advice..
I would love to relocate overseas with my child (my fiance lives overseas) My partner has a great job etc. and it's a lot easier for us to move. The bio "father" gave consent for passport. So we have spent time overseas with my fiance. My child's bio "father" has had no contact or visitation for over a year now, since an attempted family dispute resolution conference/mediation. In which he left before it even started. He had never had a relationship with child and there is no parenting orders of any sort in place. We also have a DVO in place for this person. He is not approachable in this kind of situation. I have no contact info for this person and even if I did I would not approach this person as they tend to think they are a lawyer themselves.
My question is, how does one get consent to move? I am not the richest person so I cannot afford a lawyer. Of course I will not move without obtaining some kind of consent so no negative comments please.

I hope this makes sense. Any advice or info would be much appreciated!
esc12 said
so no negative comments please

Unfortunately, you have posted and thus accepted the rules of the site.

The simple fact is that there are negative aspects. The first will likely be along the lines of questioning the omission of anything in regards to what's in the move for the child's best interests. Any person offering any reasonable advice could not ignore this negative aspect, which is very likely what a court would consider as of paramount consideration.


Okay, let's start at the beginning. The bio "father" is actually the father. There should be no inverted commas about it at all. He either is or isn't the father. Secondly, just because he gave consent (i.e. signed) the passport, does not mean that he has agreed to a permanent move overseas for the child.

Visitation does not happen in Australia. It is spends time with, and if you wish to take this to court, you had better get used to the terminology. You said that mediation was arranged, but that he left before it even got started. Um, what, he was in the waiting room, and left before going into the mediation room itself? If you have a DVO in place, against "this person" (um, I think you mean the father), then I would have thought that mediation would have been in separate rooms. Please clarify the mediation debacle. How long ago was mediation? And if you don't have any contact information about the father, then how did you arrange for mediation to occur?

You say he has never had a relationship with the child. How old is the child? And does that mean that you separated before the child was born? Please clarify.

Please explain what you mean by "this situation". You said he is not approachable. Um, you have a DVO against him, of course he is not approachable. You would be causing him to break the conditions of the DVO (I assume, please clarify if I am wrong) that he is not allowed to approach you or contact you. Does the DVO allow contact on the basis that the communication is about family law matters?

And if you want "consent" to move, then you are going to have to have contact with him, either via mediation, and then possibly court. You can self represent in court, but I would suggest that you do a lot of research first.

And following on from what Mike said, how is it in the best interests of the child to leave the country, just so that you can be with your fiance?
I call this as a fake post..more holes than my string vest

Just in case though…why has dad not seen the child for a year?

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
My initial thoughts are similar to those of MikeT and Boots.

Also, you say we have an AVO against him. I assume we refers to you and your partner? Given you say of the biological father that he had never had a relationship with the child prior to the "attempted" mediation. But then again, you say earlier on in the same post that "he has had no contact or visitation for over a year now, since the attempted family dispute resolution…"

Is the AVO still current?
Was the AVO in force at the time of the attempted mediation over a year ago? If yes, did you advise the mediator that there was a current AVO? A current AVO may explain why the father arrived but then left prior to it starting. The fact that he turned up to the mediation at all however, suggests, to me at least, that the father was motivated to attend and also wanted to try to negotiate arrangements about his and your child.

You say that you have "no contact info for this person". It has already been pointed out to you that "this person" is in fact the father of his and your child.  How did you get in contact with him in relation to the mediation? Perhaps you have the details of his parents or even one of his mates that you could contact and get a number or an email address from?

There are a number of things in your post that do not make sense to me.


 

Any opinions expressed herein are strictly for informational purposes and are never to be taken as legal advice.
I obviously didn't give a very detailed description..
I put "father" because this person is only a father biologically and is in no way a father to my child.
And I understand there's negative aspects, silly of me to put that in my post!
We had mediation via phone, yes he literally left before even seeing his solicitor! Our DVO is that he can't be violent towards myself or my child, it is not where he has to keep some distance away.
My child is almost 4 and I was never in a relationship with the father so yes he has not been around consistently since before child was born. Mediation took place approx a year and a half ago, the father was the one to start mediation. The only number I have is on the DVO and it is disconnected. The father has not seen him for almost a year because that is his choice. One cannot make a parent be a parent if they do not want to.
No I do not have any contact information for his family or mates as his family are overseas and I do not know any of his friends.
Why do I need to remain in Australia for someone not to be a parent?
I hope I have answered all your questions.
esca012.

Thank you for the further details. It is obvious that at least some kind of relationship existed between the father and child, prior to the mediation, even if it was in a very limited capacity. Again, there remains the question about whether the violence order is still in force and if it was current at the time of the attempted mediation?


esc012 said
Why do I need to remain in Australia for someone not to be a parent?

For me, at this point in time, it is not a question of why you "need to remain in Australia for someone not to be a parent?" but rather Why do you not want to remain in Australia so the father can be a parent.

 

Any opinions expressed herein are strictly for informational purposes and are never to be taken as legal advice.
esc012 said
Why do I need to remain in Australia for someone not to be a parent?
Why does your new partner not want to come and live here? Where is the country you want to live? Can you get a visa? Can the child get a visa? Are you Australian?

Did you get a certificate issued after mediation? What have you done with it in the past 12 months?

Also, stop saying "my" child, its both of your Child, for better or for worse. If he does not want to be part of the Child's life wont he just consent to orders that allow you to move?

Or does he actually want to be part of the child's life and you wont let him?
 

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
A basic IP search seems to indicate the original poster is located in China. esc012 are you sure you need assistance with Australian Family Law?

Sorry strike that, my mistake!!!

Last edit: by SWAMBO


Any opinions expressed herein are strictly for informational purposes and are never to be taken as legal advice.
Yes the violence order was in place at mediation and is still in place. The father does not want to be a parent so that is why I would like to move.
I am definitely not from China.
Thank you for all the advice! I will take it all into consideration and try and get mediation etc. started asap.
esc012 said
Yes the violence order was in place at mediation and is still in place. The father does not want to be a parent so that is why I would like to move.
Here is where I begin to think that perhaps the reason the father has stopped seeing the child, when he was previously, is not necessarily because he does not want to see the child but rather due to there being a violence order in place.

While I will not speculate about the circumstances of the order itself, I will say this. It is quite probable that the father has been advised by someone that he should be very careful about contacting you et al when there is a current violence order.

 

Any opinions expressed herein are strictly for informational purposes and are never to be taken as legal advice.
esc012 said
I will take it all into consideration and try and get mediation etc. started asap.
But you dont know how to contact him, where he lives and he has no friend and family in Australia so even, if by some miracle, you managed to get him to mediaton again, how would you ever serve him papers?

Like i said, this story has a lot of gaping holes in it

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
Hi all, hope you have had a good break….wow,  esc012 you certainly have asked a difficult question and I could probably tell you how long a piece of string might be with more ease. I will not add or subtract from any comments other members have put to you re re-location.  As mentioned there have been a few anomalies in the subject information supplied, and I notice that other members have tried to obtain more relevant info from you so as to assist you further.  The father of your child together would undoubtedly have a his story to tell as well. The subject of (re-location) is, in the eyes of mediation and the family law court…. a difficult one by any standards.  As a neutral party I would like to offer this information for you.
: Your child has the right to have both parents in his/her life, according to Australian FLA.
: According to the FLA it is the responsibility of both parents to support that connection.
: The average cost of legally assisted court matters re relocation can be in the vicinity of 47K per parent.
: No judgement is made until all the facts are presented, and there is absolutely NO guarantee you will get what you desire.
: At this stage there is approximately two year waiting time to get to trial.
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