The Law which both the UK and Australia have signed and work to when-things-go-wrong/child-abduction/
www.hcch.net
hague-convention-child-abduction
Yes you either need permission or a Court Order to take him out of the country. DIAC will request permission from the father regardless of if he is named on the borth certificate or not. He can in fact apply for parental rights any time he wishes and unless he was not actually the father or was an abuser he would probably get them.
You can apply for a Section 8 Specific Steps Order to see if a Judge will give you permission. The father can contest it if he wishes. It will be your job to prove to the Court that it is in the best interests of the child and that the potential benefits of being overseas outweigh the loss of a parent. And your dream or ideas of what Australia is like will not be sufficent. You'll have to show the standard of life, education, family relationships, future benefits etc are sufficently in the childs best interests compared to what he has now in the UK with access with his father.
I've seen people offer to pay the absent parents airfare once a year or the childs back to the UK to ensure contact is kept up as webcam/skype etc is hardly contact and does not build lasting relationships.
www.hcch.net
hague-convention-child-abduction
Yes you either need permission or a Court Order to take him out of the country. DIAC will request permission from the father regardless of if he is named on the borth certificate or not. He can in fact apply for parental rights any time he wishes and unless he was not actually the father or was an abuser he would probably get them.
You can apply for a Section 8 Specific Steps Order to see if a Judge will give you permission. The father can contest it if he wishes. It will be your job to prove to the Court that it is in the best interests of the child and that the potential benefits of being overseas outweigh the loss of a parent. And your dream or ideas of what Australia is like will not be sufficent. You'll have to show the standard of life, education, family relationships, future benefits etc are sufficently in the childs best interests compared to what he has now in the UK with access with his father.
I've seen people offer to pay the absent parents airfare once a year or the childs back to the UK to ensure contact is kept up as webcam/skype etc is hardly contact and does not build lasting relationships.