Hi. My partner has a 6 year old daughter. The mother of his daughter has remarried and is moving interstate. Can she take the daughter legally without an agreement in place When the daughter was 2 years old they had a mediator written request that neither could live more than 100km away and then it was meant to be shared custody 5050. This never happened. We also have a private agreement in place of child support every week. Now she wants weekly payments plus us to pay for full Private School fees.