Can I still leave ireland to head to Australia with my son, without the consent of his dad ho is not on his birth cert but does see him sometimes?. Tricky one..

If there isn't any court ordered visitation or custody, then you are generally free to move. However, he could go to court to stop you or even bring you back.

I would double check with a local attorney.

To be honest, he left me when I was pregnant and id to drag him through the courts but nothing ever happened, but the in last 6months his been seen his son, Sometimes, when he feels like it. I don't want to take him away from his dad or want to stop them seen each oher when in fact for the first yr my son life, I fought for my ex to see him.. but I have been giving an amazing opportunity to go to oz with my son, and I want to ake sure I'm covered before I think of leaving. Last thing I want is to be brought back... :(

You need to be more specific on what happened in the courts. Is he the legal father with court ordered legal rights to the child or not? If he is and he does have court ordered rights and you leave without consent, you could be forced to return the child and face criminal charges when you return.

Because of the way the world is today you will need permission from the father for travel with the child outside the country. Most countries accept a legal form that looks like a permission slip but documented properly. Many countries now require both parents permission to get a passport. Since you are looking to imigrate out of your home country to another with the child then I would seek the courts permission to do so as well as the fathers. Since there is already contact with the father what has he said about the move?

You need to be more specific on what happened in the courts. Is he the legal father with court ordered legal rights to the child or not? If he is and he does have court ordered rights and you leave without consent, you could be forced to return the child and face criminal charges when you return.

Please be more careful when reading and answering questions in the legal forum. The OP has already stated nothing happened with the courts at this time. Also transporting a child between countries is very different then going between states. International travel has very specific rules.

Here at AMHD we take pride in our answers and try to be as accurate as possible with the information given. Thanks.

Please be more careful when reading and answering questions in the legal forum. ...

Ok, since you put it that way, One emigrates from one's home county, not "imigrate". :)

You need to be more specific on what happened in the courts. Is he the legal father with court ordered legal rights to the child or not? If he is and he does have court ordered rights and you leave without consent, you could be forced to return the child and face criminal charges when you return.


You continue to give very inaccurate legal advice. Please - we take pride in "our" answers on the legal boards. These are not "feeling good" boards; they are factual.

Please read the question before responding and please don't read info into the post which is not there.