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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am a single mother to a 3 year old girl. My husband and I

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I am a single mother to a 3 year old girl. My husband and I have been separated for one year but have not started divorce proceedings.
I am a qualified nurse and have the opportunity to emigrate to Australia. This has been the plan for over 10 years but I don't know how I go about everything as I believe my husband will try and prevent us from going.
Please advise
Many thanks

Dear Sheila, thank you for your question. You would need to seek the father's consent to take your daughter to Australia with you. If his consent is unreasonably withheld then you would need to submit an application to Court for a Specific Issue Order. The Court will look at all the facts of the matter and decide if it is in your daughter's best interests to emigrate to Australia with you.

Customer: replied 2 years ago.
What are the courts looking for in order to agree for me to take my daughter?
Obviously a job, a home, support network... What other factors do they consider that I will need to address?
Dear Sheila, the Court will have to give consideration to the welfare checklist which covers seven key areas:
1. The wishes and feelings of the child concerned (in your case as your daughter is only three she will be too young to express this)
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7.The powers available to the court in the given proceedings.
The Court will also give consideration to the wider family network and if the emigration will prevent there being a meaningful relationship between your daughter and the father and extended family.
Customer: replied 2 years ago.
Oh it's not looking very possible then.
Would they consider regular Skyping and telephone calls acceptable for maintaining family relationships?
Skype and telephone contact would be a possible form of contact, however the current arrangements and contact between your daughter, father and wider family will need to be considered. The court will usually only depart from the current circumstances if it is in your daughter's best interests.
Harris and other Family Law Specialists are ready to help you

Hi Shelley, Hope this information was of assistance. Have you managed to progress matters? Please let me know if you have any further queries. Regards