I have an AVO out on my ex for DV and I have his child. Who he has never meet and isn't listed as the father. She is nearly 5 months and still haven't heard a word. Can I move interstate with out letting him know. I'm not geting child support either. My choice. I dont want anything from him. He seems to of moved on with his life new partner and all that and that is what I want to do to but in doing that I want to move interstate to be with friends and family back where i came from. Is this aloud legally? Im just hoping I can slip away as I know if i let him know he will kick up a stink. His a malipitve pig who tired to kill her when I was pregnant so I don't want him near her. I've been told he will get supervised visits if he does get access. She is also 100% breast feed. But I don'twant to do aanything illegal either.
3 Replies
Your best bet in these cases is to always speak to a lawyer. A lot do free consultations.
Its not illegal to move, but he can stop you or order you to move back.
I'm not sure if him not being on the birth certificate changes things, though.
If the parent doesn't object but wants visitation, the moving parent is responsible for organizing and paying for everything.
The AVO might change things, too, especially if your daughter is included on it.
So it is all good to get advice and support from these pages, but every single case is different. Even one that's almost identical to yours could have a different outcome, so definitely call a lawyer to see what your best option is.
I'd probably take the risk to move in your circumstances. My kids father wasn't on birth certificate (his choice) and he did a runner when bubs was a few weeks old.
Yes he could start court proceedings to move you back at some point. In my case we still have never heard from him and it's been 20 years.
But best bet is get some legal advice before you do.
I agree Id take the risk if he's never been involved, hopefully you'll be settled before he makes contact then he wouldn't have much of a right to demand you move.
Anyway that's logic, but legal could be different so perhaps find out legal aspects and what could happen before you go ahead