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

Tucson, AZ |

The father of my eldest son now aged 10 1/2 left when he was 6 weeks old, I have since married and had a second son , Although still in touch with his father for visits etc in holidays ,we moved to Southern ireland 4 years ago , My husband and i would now like to move to australia but are worried about the complications taking my eldest son. His biological father is on his birth cert, not sure what governs my situation Irish English or Aus laws, Its frustrating to think that 10 yeras later he still has control over my familys choices . CAN I TAKE MY SON TO AUSTRALIA?

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Attorney answers 3


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.


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.


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.

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