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Returning to Ireland with a baby born in Oz

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  • 11-01-2023 2:13pm
    #1
    Minky22
    Registered Users Posts: 5 ✭


    Would anyone have any advice or help please.


    My sister is currently living in Australia and has a child for an Australian guy. The relationship has broken down and she wants to come home as she has no support over there. He has agreed that she can and is willing to sign a document to say she can leave with he child. In order to get that document court approved it will take months and cost a lot of money. However the concern is that she may return home and then down the line he could have a change of mind. Has anyone any expierence of a situation like this? Any help would be great.



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    #2
    iniscealtra
    Registered Users Posts: 347 ✭✭iniscealtra


    I understand why your sister would like to come home but i think it is an awful thing to do to the father of the chíld. She will be taking the baby halfway round the world and the child will not even have the option of having its own father in its life. In my opinion unless the childs father is moving to Ireland she should stay in Australia and work on having shared custody.

    I have a friend who went through a similar situation. He sees the child once a year. It’s really tough on him. He’s angry that she took his child out of the country. He can only afford to visit once a year as he has to pay for accomodation and flights and its far away. Generally seperated parents share custody and spend time with their children every week.



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    #3
    ELM327
    Registered Users Posts: 21,367 ✭✭✭✭ELM327


    https://www.boards.ie/discussion/comment/120102990#Comment_120102990

    That's terrible advice.

    OP - I would get something written from him now and pursue the appropriate legal channels before leaving.



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    #4
    [Deleted User]
    Posts: 1,539 ✭✭✭ [Deleted User]


    If he consents to your sister returning to live in Ireland with their child, and all the legal steps are taken and paperwork filed properly in Australia then all should be fine. However, she should not even attempt to remove the child from Australia until that is all done legally as they are very strict about enforcing father's rights there.

    Once she returns, the fact that he consented to the child moving to Ireland with their mother in the first place would mean it is most likely he would have to travel to Ireland to see the child, though there may be some shared travel involved.

    While nothing is ever impossible with the family courts - it is extremely unlikely that if he did ever change his mind and took a case to try and have the child returned to Australia, that he would be successful.

    I know of an Irish father who married and emigrated to Australia (to live with his new Australian wife) and the Court here determined he was unable to fulfill his guardianship role towards his children who lived in Ireland from such a distance, (practical stuff like choosing schools, renewing passports, etc) and his guardianship was removed.



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