I am British living in the UK. During my divorce my solicitor told me not to bother getting custody of my daughter as myself and my ex shared her equally (4 days on 4 days off) Now I want to emigrate but need her fathers permission. I know he will not give permission for me to take her abroad. If I go for custody of her (she is 14 years old) will I then be able to emigrate with her without his permission? She will be 16 yrs old when I emigrate to Australia.

You would have to go to Court to get permission to take her out of the country. She will have some input although the Court does not have to respect her wishes.

You know you need his permission. You know you can't get it. The only recourse you have is the Courts.

At 18 she is emancipated and can go or stay, her choice.

The Courts are not going to take a child who has frequent contact with her father out of his life. It is possible to get an arrangement where he sees her less frequently but from larger blocks of time - and then the question is who will pay the airfare back and forth.

I don't see you being awarded any type of custody that will allow you to go and take her away from her father.

Your order will need to be very clear. It may limit the child's residence preventing you from taking the child out of the restricted area.

She cannot get the father's permission to leave. Therefore, she cannot go. She is talking about leaving one Country and MOVING to another.