Moving abroad

[MissKPx]

Hi so many different scenarios on here, would really appreciate so advice. I have a 2 and a half year old son and want to move to oz with my partner. My sons dad is not on the birth certificate however does have a DNA test which was done when my son was a couple months old and done through the CSA. (No payments made as he is on benefits) His father still did not want anything to do with him and has always been very hostile towards us. My partner got offered a job in oz and we both work full time here however my sons father now decided he wants to see his son. Will we still be able to move abroad or has this ruined these plans?

Father does not have parental responsibility and so technically you do not need his permission. However, he can apply for parental responsibility and he can apply for a prohibited steps order to delay matters whilst contact is decided. If you consider that he is serious about contact and may take legal advice and apply for either order, then you do need to give consideration to how contact would work and have proposals ready.

You could pre empt matters by simply asking father for his written consent (even though without PR you do not technically need it but it is best to have it in writing - some jurisdictions require proof you have father's permission regardless) and at the same time make proposals for contact. If he is unwilling you can make your own application for a specific issue order for permission to remove your child from the jurisdiction. You would have to be prepared for the possibility that the court may not grant you permission. You would need to be able to give the court a very detailed dossier on your plans, including information on accommodation, income, schooling, childcare, contact etc.

If he doesn't have PR does OP legally even need to tell him?

No, but given he is now expressing am interest he is bound to find out and that may make him less reasonable because he will feel she has been deceptive and tried to cut him out. I'm not excusing his behaviour and have my own view on that but op needs to be pragmatic here and take the course of action most likely to give her a positive result.

Babybarrister no not prh!

I tend to lurk unless I have something to ad to what is already posted.

Welcome, anyway, whoever you are!

No Jeremy Kyle school of Law diploma on wall then?

No, but are they pretty? Maybe I could get one of those as well?