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Old 09-08-2017, 11:42 PM   #1
boralu107
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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
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Old 09-09-2017, 06:14 PM   #2
AFFA
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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.

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Old 09-13-2017, 08:06 AM   #3
Lexus
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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.
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