Legal Junkies Forums

#1 Community for Legal Questions and Answers

Go Back   Legal Junkies Forums > FAMILY LAW, DIVORCE, CUSTODY > Child Custody and Support

Register FAQ Tags Members List Social Groups Search Today's Posts Mark Forums Read Layout




Thread Tools Search this Thread Rate Thread Display Modes
Old 09-08-2017, 11:42 PM   #1
Junior Member
boralu107's Flag is: Sri Lanka
Join Date: Sep 2017
Posts: 1
Thumbs up Child Costody

I I have Permanent residency in Australia. I my self my wife, my little child around 2 years old went to Australia few years back. Within few months my wife met another boy friend. Mean while the child was abused badly physically, sexually, and mentally by my wife, The child was ill-treated very badly. I had to pay all the bills wile she was enjoying with her new partner. I have recorded a lot of video clips she abused the child he was crying. She took his child care money which was given by the center link too.

I have that evidence too. According to law if she divorced me she had to come back to her home country because she went to Australia under my visa qualifications. So as soon as two years is over she started playing with this new guy in front of me. She was providing meals to him and going to hotel rooms etc... So I took the child and came back to my home country because I coldn't look after the child alone by my self because he was too small to be in the day care all the time. Also I didn't have any money and time to file a case in Australia.

So she filed a case under the Hague convention law to get back the child. But after providing all the evidence I won the case and the child is handed over to me by the law.

After few months she came back to our home country and promised she is not going back and settling with us in the police station. But within few days she disappeared and went back. (police reports are there with me). Few months later her new partner also left.

She filed a case and divorced me and got married to another. She didn't spend anything to the child only few visits when she came to her home country. Some times she comes to her home country and didn't do any request to visit the child. LAst time she came to visit the child after 3 years.
Now the child is nearly 11 and half years of age. He is happy and doing his studies.

My question is if I go back to Australia what will be the child situation? Is my child custody valid in Australia. ? If the child reject his mother (He is a boy). What will the court decide ? Need your advice badly. Thanks
boralu107 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old 09-09-2017, 06:14 PM   #2
Top Level Member
AFFA's Avatar
Join Date: Dec 2009
Posts: 22,934
Default Re: Child Costody

I wish to inform you that at present there is child custody order from your home country. If you go back to Australia then you may seek recognition of your home country child custody order if mother intends to seek child custody. Further mother may file for child custody in Australia if child has become resident of Australia. Court will consider best interest of child while determining the matter.

AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old 09-13-2017, 08:06 AM   #3
Top Level Member
Lexus's Avatar
Join Date: Sep 2010
Posts: 8,263
Default Re: Child Costody

In this case the court will recognize the present child custody and will consider the situation for such an order. So if the mother intends to obtain a child custody in Australia Court will look into the best interest of child.
Lexus is offline   Reply With Quote

Did you find this post helpful? Yes | No


This thread has 2 replies and has been viewed 231 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Virginia Father lives with child. Child's grandmother has physical temp costody. Roywilliam Child Custody and Support 16 01-24-2016 08:08 AM
Father Living in Mexico wants full costody of my children chav4068 Child Custody and Support 8 12-16-2014 08:54 AM
CHILD COSTODY BATTLE WITH GRANDPARENT PATIENCE3 Child Custody and Support 3 05-31-2013 02:00 PM
International Child Custody - Mother Ordered to Return Child to Father in Ireland sandyclaus Child Custody and Support 5 07-12-2012 11:26 AM
Texas - Child fathered child at age 15 - any affect on child support? texasncp Child Custody and Support 7 03-12-2012 07:55 PM

All times are GMT -4. The time now is 07:15 PM.

Use of the Forums is subject to our Disclaimer. Copyright 2009-2018 by