Hi there. It sounds like you have been having a difficult time. From the information you provided, it appears that you and your daughter’s mother reached an informal parenting arrangement whereby your daughter would primarily live with you but live with her mother in another location during school holidays. It sounds like this verbal agreement did not involve going to court. This means that the agreement is not legally binding.

To ensure your daughter’s mother complies with the parenting arrangements, you can apply to a court for parenting orders. Parenting orders are a set of orders made by a court about the parenting arrangements for a child. They cover who the child will live with, how much time the child will spend with each parent and other people such as grandparents, the allocation of parental responsibility, and how the child will communicate with the parent they are not living with. The court must ensure that the parenting orders are in the best interests of the child. Parenting orders are legally binding and penalties apply if you breach them.

You can apply to the Family Court or Federal Circuit Court for parenting orders in relation to your daughter. Because your child has already been moved without your consent, the court is likely to order that she be returned to you until the court has had time to make a decision about future parenting arrangements.