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  5. Can my estranged hubby take my baby overseas without consent?

Can my estranged hubby take my baby overseas without consent? Rss

My husband is english and left myself and our daughter when she was just over a month old. She is now three months old and he's threatening to take her overseas without my consent. I view this as kidnapping? I will speak to a lawyer when these public holidays are over with but has anyone experienced this?
Yes, I am starting to copy and paste all text messages etc for documentation as I figure I will need it soon enough.. I'm in WA, does anyone know of what I can do to prevent him doing this? She doesn't yet have a passport and will need one to travel (requires my signature as well I believe) so I'm thinking of getting court docs done up that say no travel interstate or internationally without other parents consent and ensuring he signs those and they are processed before i'll sign a passport consent. Does this sound reasonable or can he get around this? If he took her without my consent surely he would be forgoing any future rights to her? I'm quite frantic as he's a loose cannon and I don't think he deserves her at all. Any recommendations for good family lawyers in WA would be appreciated.
Thanks for your help. It's scary to have someone threaten to take your baby! It was him that left in the first place.. Would you recommend I take any action at this stage? have a letter drawn up by a lawyer or anything? or hope he's not that silly...
i didn't want him to search a topic and accidentally come across me! I'm sure he wouldn't but better safe than sorry!
I would be getting all of the information documented texts photographed and saved and seek legal advice. I would not be signing any passport papers. He would also have access to get her a Uk passport, what is stopping him forging your signature ? ? Go to lawyer if threat is serious enough you may be able to get an alert placed on systems ie with immigration or customs or AFP so if he tries to leave the country with bubs he will be stopped. It is kidnapping and Uk is a signatory to convention with Aus so he would have to return her. Good luck with everything. It might just be threat to scare you but not worth risk in not doing anything.
I worked for Passports here in NZ and we had situations like these come up quite a bit. You certainly can get her name flagged on the Customs border system so that if he tried to take her out of the country an alert would appear. Most countries require the signature of both parents on their passport application forms, but I'm not sure about the UK form (and he'd need to get her UK citizenship first), but as a PP said, it doesn't take much to forge a signature. Let the Australian passport authorities know, so that if an application for your daughter appears, they have to contact you to check that you have given your consent. They should be able to do this on their passport processing system.

If you think he might try to get her a UK passport, then I would contact the UK embassy in Canberra and ask them for advice. They would most likely be able to put an alert on their own processing system.

In my experience, it is quite difficult for someone to get a child out of a country if the authorities have been alerted. I hope your ex is just all talk. Best of luck.
bestoffalonemama wrote:
My husband is english and left myself and our daughter when she was just over a month old. She is now three months old and he's threatening to take her overseas without my consent. I view this as kidnapping? I will speak to a lawyer when these public holidays are over with but has anyone experienced this?



Dose your husband come to see your baby?
Firstly, no he can't - to obtain a child's passport both parents signatures are required, To get a passport with only one signature generally means applying to the court and explaining why ie. no idea where other parent is.

Secondly, this would not be considered kidnapping. Under the law a parent cannot kidnap their own child. If there are no court orders in place then a father has just as much right to the child as the mother.

Your best option is to apply through the courts/mediation for court orders that outline custody arrangements and that neither parent can take the child out of the country without the others consent.

Jen - Vic. Mummy to Bella Alex & Tasha

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