[Solved] Taking child out of jurisdiction - To Australia

Hi Jerry 🙂

This is a really difficult time for you I know and the thought of your little girl being taken to the other side of the world doesnt bear thinking about. I read this thread when you first posted it and it made my heart sink. I wish I could offer you encouragement and lots of positives but unfortunately Case Law applies here and the odds are stacked against you my friend. I know this is not what you want to hear and believe me its pains me to have to tell you these things....

I dont know what your solicitor is telling you, I would hope that its not to get your hopes up too far...thats not to say you should give up on hope but to be aware of the complexities you face here especially as the mother is Australian.

I'm giving you a link to a blog that discusses this very situation and the case of Payne v Payne. This is a case that happened in the 70s that set the precedent for future cases of this nature.

I firmly believe that knowledge is power and I thats why I finally decided to share this with you, its been a real inner tussle as to whether I should share what I've found. I'm not a lawyer and have no grounding in law, all that I know I have learnt from my own experiences of Family Law, and the internet whilst looking for information and advice to help my son and you guys on here. Thats how I came across Marilyn Stowes Blog. She is an eminent divorce lawyer and whilst I might not agree with some of her views, she knows her stuff. As a lay person, I'm sure I get it wrong from time to time and I sincerely hope that this is one of those times....

www.marilynstowe.co.uk/2011/04/15/external-relocation-when-a-parent-wishes-to-move-overseas-with-a-child-what-rules-apply-by-guest-blogger-laura-guillon/

Thank you so much.
I have read through the articles via your link and it says basically what I expected.
I have always been a hands on father and have among other things gathered many references to this fact..
.eg, school, nursery, swimming lessons etc
Hoping this will assist my case. I know it looks bleak, but do I give up and save
myself £ 5000 - £7000 on a non win case or gamble my money and hope to win....?

Giving up or going on...this is something that only you can decide Jerry. :unsure:

The linked articles are nearly two years old, it's worth finding out more and whether the position has softened. I did speak to my McKenzie friend about it and I must say I didnt get the impression that the situation has improved any.

Micheal Robinson, was one of the posters on the blog that was very vociferous in his condemnation of the current situation and he has a website called the custody minefield. You could try emailing him and asking for his advice....its worth a try.

Best of luck 🙂

I would say that, at the very least, you try to self-represent rather than not trying at all - you have nothing to lose by trying that. Also have a fallback position of how you would like contact to go if she does go to Australia.