VIC Question on International Relocation - no parental orders in place

[spectnas81]

@Atticus @sammy01

Ex has not called over 5 months. We texted, emailed, posted letters, called, etc
He does not pick up when we call
We completed FDR and he did not attend and obtained I60.

What else can we do?
Relocate?
or Court?
try to locate him in person to get his signature for relocation on a JP signed document?

court may be too long and ex may never show up or respond
It could be waste of time or it could end up him being in jail since he will go nuts to threaten even at court

 

[Atticus]

In this case, I would also go with option 2 .... You don't need him getting his crap together just long enough to see a lawyer & have an emergency ex parte order done to include child's name on an airport watch list....

The above is still my advice ....

 

[Atticus]

To add a little bit more to this ....

There are no orders in place.... Accepting the situation as you have presented it is factual, there is a presumption of joint parental responsibility at play. That involves you seeking the opinion/approval of the other parent before any major long term decisions involving the child are carried out .... You have certainly attempted that... As there are no orders, you do not need to get an order from court to relocate for 2 years.

He can still contact his daughter by phone on the odd occasion he calls as he has been ... Nothing really changes their relationship by being OS it seems..

If you were to file for orders & he were to actually respond to prevent your relocation, perhaps just out of malice, given the child already has a passport, there is a real chance that any solicitor he may see for advice may recommend an emergency order (ex Parte) to place the child's name on an airport watch list... If successful, & depending on the specifics of that order, it may be temporary pending first mention at court, or it may be permanent until further order .... If he does nothing else, just that will prevent the relocation ..

In the unlikely event he seeks an order for recovery if you go, you have ample proof that you attempted contacting him personally & via mediation, fulfilling any moral/legal requirements by way of joint parental responsibility ..