Family law, child custody, do i need father's permission to take child out of country to live, parenting plan modification

It does not sound as though any court has issued aqn order relating to the custody or control of your son. If that is true, then you need no one's permission to relocate to Austrailia. You don't say where your son's father lives or what the arrangements are for the child to visit with his father. Please consider the needs of the child to visit with his father if you relocate to Austrailia.

The answer will depend on the law of the jurisdiction in which you live. If no court has made orders regarding this child, your home court will have jurisdiction to make any decision. If you have prior court orders, most likely you will have to return to that court and seek permission to move- which should not be a problem if there has been no contact with bio Dad. Why not consider a step-parent adoption for your husband and give this child a real dad and step-dad the honor of being a recognized father? That would end any future problems about moving with this child.

Good luck.

This is an interesting question. First, do you have a visitation agreement outlining visitation child support etc., If not, then Irish law would govern. Have you asked the father whether or not he has an objection to the relocation? If not, then obtain a paper with his signature allowing you to relocate with the child. If he is not in agreement, you would have to consult a solicitor regarding your rights under Irish law.

Hi there
I am in exactly the same situation as you & i have currently taken legal advice via a family law solicitor. My eldest son is now 11 & his father has not seen him since he was 2 years old. Its not actually anything to do with how long they have NOT been in their lives ( i thought they would take that into consideration). My solicitor has informed me that because i was not married to my sons father & because my son was born before the new law came out (2003) then the mother has sole responsibility. So in asnswer to your question, no you don't need his permission based on the above information. However if your ex partner has obtained a parental responsibility order at any time then yes you do need his permission. If he has never obtained one or obtained any order in court then you have sole reponsibility & can take your son anywhere without your ex having to agree or disagree.
Hope this helps.

Sarah Pickering