VIC Relocating with Daughter to NZ - Likelihood of Coming Back?

[SafariChicken]

Hello - I’m after some help. I have an 5.5-year-old daughter who I want to relocate to NZ with.

Her father and I split when she was less than a year old and his involvement has been minimal. He has been absent for the better part of the last four years and avoids all child support (works cash in hand job.

I have a 16-month-old son with my (new) husband and we would like to go to NZ as we have family there. There are a ton of reasons to go there too - buying a house, our son has
cousins/grandparents, better career prospects. My daughter calls my husband ‘Dad’ and his family welcome her with open arms.

What is the likelihood we could go back? There are no parenting orders in place.

What do I do if I ask him and he disagrees?

 

[sammy01]

So you're gonna need to ask him because he is gonna have to sign a passport form... If he refuses? apply to the family court. Chances of success? depends, but if he has not been spending time routinely with the child then you've got a good case

 

[SafariChicken]

He owes $20k in back child support also collection via CSA. (Amount has beeen hard on a provisional date for the last three years as he has not filed a tax return). I already have a passport for her too - NZ passports only require the signature of one parent

 

[SafariChicken]

Edit: *provisonal amount

Also her father and I are both from NZ so we all have NZ citizenship - none of us are Australian permanent residents

 

[AllForHer]

So, does the child already have a passport?

 

[SafariChicken]

So, does the child already have a passport?

Yes she does NZ passports only require one parents signature.

Sorry I did make another post but it didn’t seem to work.

He also owes $20k in child support, he has not filed a tax return in 4 years so his rate has been based on a provisional income basis.

 

[SafariChicken]

Yes she does have a passport - NZ Passports only require the signature of one parent

 

[AllForHer]

How often does dad see the child?

International relocation is a tricky matter because it's a fine line between 'international relocation' and 'parental abduction'. Australia and New Zealand are both signatories to the Hague Convention, which means that if he can make a case for it, he might be able to initiate proceedings to have the child returned to Australia under Hague.

But he's unlikely to succeed if a) the child is an NZ citizen, and b) he hasn't really been exercising his parental obligations, particularly in terms of how often he sees the child.

There are always two sides to every story, though, so it's difficult to speculate on what the outcome might be, here.

The legal side of the thing is that you already have a passport, so you can take the child out of Australia. Do you need dad's permission? Technically, no - there's no parenting orders and no need for his consent for the passport, so you can leave unhindered, but there is also nothing to stop him from pursuing parenting orders to have the child returned to Australia. The likelihood of him succeeding is dependent on the facts as you each present them.

Since there's no parenting orders, it's entirely up to you how you proceed, and I suggest doing as you see to be in the best interests of the child. There is no need to question the 'legality' of whatever decision you make, and it's ordinarily best not to plan for a Court scenario that may never eventuate.

 

[SafariChicken]

Oh wow I had no idea that we could just go (in theory). It’s such a crazy situation... I think I might still talk to him. I can’t imagine taking her and then omg forced back and potentially losing my daughter.

He has seen her twice in the last 7 months, prior to that she would’ve been nearly two years old.

Thanks so much for your responses.