Parental rights

[IslaMay]

My daughters father is German and lives in Germany, I am english and live in England with our 16 month old. I would like to emigrate to Australia. Am I legally allowed to do that with our daughter? He will remain in Germany and would try and stop us from going. He is not listed currently on the birth certificate.

[ojread2]

Then he has no legal right to stop you going
However, that does not mean he cannot try by taking matters to court and it does not mean he won't win either but he has very short legs to stand on considering he lives in another continent - does he see his daughter at all?

[bednobs]

"he lives in another continent"
What continent is germany in then??

[ojread2]

Europe

[bednobs]

ok, so what continent is england in then?

[ojread2]

Europe

[bednobs]

ps, op you havent given us enoufh info to answer reasonably. is the dad involved in her life? how old is child?

[IslaMay]

She is 16 months old and he does see her, we go to Austria every few months for 3 weeks and we spent 4 months living together last year in Australia. So although we live in separate countries he could still take me to court?

[bednobs]

yes. who knows, he might even move here to keep the relationship.
why would you want to move your daughter so far away from a father who hs a relationship with her anyway? you might want to move but you need to put her needs first

[ojread2]

When you have children your life changes, you must put the needs of that child before anything else
Your daughter does not have to go with you now, she can wait until her child is old enough to make major decisions like moving to the other side of the world for herself
Not named on the birth cert goes in your favour, for now but if dad wants to stay on contact with his child, then it is quite easily sorted in court
Have you actually asked the father about this?
IMO, to take a 16 month old baby, who sees her dad, to another country which is so far away it would be considered impossible to maintain regular contact, is selfish and necessary

[ojread2]

Sorry, it's early - I reread that as your daughter has a daughter. My reply still applies