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My daughter is nearly 13,we want to leave perth and go to melbourne,can I take her
Her father will let her go if I sign a passport application for our other daughter who lives with him and if I forego child support. There are current court orders in which I have custody of both girls,but he took my older daughter four years ago and has totally turned her against me so the orders haven't been followed by for the last four years. All my family live in melbourne and we are in perth on our own. My daughter wants to go with me.she hasn't seen her father in nearly three months,and doesn't want to return to see him.
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What is your question? Only a Court Order can change the terms of a Court Order (and, yes, I realize you're in Australia) so you can't "forgo" child support. No matter what agreement you and your ex come to, the Court Order remains in effect and can be enforced at any time. He took your daughter four years ago and you did nothing at the time? |
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Comment on JudyKayTee's post
The terms stated about are his terms,not mine. I haven't agreed or disagreed. Yes at the time I did see a lawyer,and I also spoke to my daughter about what was happeneing. She wanted to stay with her father, so I let her. There is more involved,but she isn't the child I'm asking about.
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I realize that. Your question is whether you can take your daughter from Perth to Melbourne. The father is willing to sign papers if YOU forgo support. If there is a Court Order you CANNOT legally "forgo" support. You can go to Court and get the Order changed/amended, whatever it takes. So either sign a document you know is not binding and go, go back to Court, don't go to Melbourne. Those are your only options. |
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