Child custody between Australia and USA

[bekaj76]

Im an Australian living in the US.

I have a chilld to and American citizen. We are divorced and I live here in the US currently and have for about 9 years. My child is 6 and I have remained living here in the US most of her life apart from some time spent in the UK (about 6 months) in which she stayed here with her father. Im living back here in the US now but am very unhappy and would like to return to Australia but am finding it difficult as I feel trapped by my childs father who is un-cooperative regarding the idea of us sharing her between the two countries.
My daughter is no stranger to travel as she has taken long trips since she was born and I believe with a little cooperation on both our parts she is at an age now where she could live with me in Australia and visit the USA and vice versa over the next few years of her life without too much difficulty, giving us both the chance to lead our lives where we feel happy and also share our daughter and expose her to the benefits of both our homes, cultures and families. My daughter has had very limited contact with her and my family in Australia which has been greatly difficult and a huge sacrifice to us due to her fathers stubbornness to allow her to be in Australia. My child is an Australian citizen too and I feel she after 6 years of life has had very little time to take advantage of what that means for her.
Any help on how to best navigate this situation would be greatly appreciated.

From a divorced mother, I wish you the best... I am currently trying to find a source for good legal advice in a similar situation, though in reverse.

Two months ago, my significant other and I relocated to Sydney on visitor visas to spend more quality time with his children (8 & 11) who are also dual citizens.
Per the divorce agreement, the mother moved the children to her native land of Australia, but never brought them back to the US for annual visits per the same agreement. She also allowed the children's passports to expire and refuses to renew them such that they might visit family in the US, which is extremely unfortunate for the children as you describe. She also won't provide their proof of citizenship for the father's immigration package.
Furthermore, the mother now intends to relocate 9 hours from our new home, forcing us to make a second move in less than a year (major financial costs not in the plan).
In a nutshell, the mother has told him that he has very limited rights regarding his children as long as he is in Australia on a visitor visa. I cannot believe this lovely country or it's people would not support a fair discussion with contributions from both responsible parents regardless of citizenship.

Any information that guides us to the right people for help is much appreciated!

[Friend In Court]

Much will depend upon your relationship with your ex to assure him he will have good and plenty time with his daughter. His apprehension is understandable, as any parent's would be to have their child an ocean (or two) away, not be able to see them weekly at least. His apprehension is understandable. Bond between father and daughter needs to be respected, appreciated and everything done within your power to see that it remains, is not severed by your taking her so far away.

A suggestion: Entire summer with the father. Bond posted to assure her return and your compliance with visitation. Skype, regular contact, daily if desired, unhindered. And important holidays where there is break from school like Christmas-Boxing day, with the father. Finances are not mentioned, but since the desire to move abroad is yours, you should be prepared to parially or totally finance her trips to see her father.

To know and interract with her relatives, her extended family, can be a real boon to your daughter. But her father's apprehension is understandable so you will need to make a plan as generous as possible for the two of them to have unhampered communication and as many visits, as much time together as possible. Even a year with one parent and a year with the other is not unreasonable. At least at her young age where school considerations may not be as important as in the high school years.

If the court grants the move, be willing to offer bond in sufficient amount to assure her return -- or hiring a detective to find the two of you. Although that may be the farthest thing from your mind at this point in time, it might go a long way to convincing the judge your intentions are honorable. It is not unusual to see bonds posted in the amount of $25,000 or more for such cases.

Good luck to you and your family coming to amicable arrangement.