NT Child custody in Australia

He$hu27 · 24 August 2019

Hello,

I am a Citizen living in Australia since 2010. Australia is my home now. My exwife and my daughter lives in India.

We both are fighting for the custody of our daughter.

My daughter was born in India, my ex tried to get full custody of my daughter here in Australia and midway thru left Australia and now she is in India since couple of years.

She is trying to get full custody of my daughter in Indian court. I don’t want to go to India and contest as it’s biased.

All I want to know is if Indian court gives her full custody of my daughter will it holds good here in Australia. Will that be recognised here??

I know it’s kind of stupid question but I just want a feedback from you guys. Thanks

Atticus · 24 August 2019

He$hu27 said:
My exwife and my daughter lives in India......She is trying to get full custody of my daughter in Indian court. I don’t want to go to India and contest as it’s biased. .

If you don't contest it by at least filing a response then I assume there is a high chance that whatever orders she is seeking will be granted

He$hu27 said:
All I want to know is if Indian court gives her full custody of my daughter will it holds good here in Australia. Will that be recognised here??

Any order would set out with whom the child is to live, & with whom the child is to spend time with, when, & possibly deals with the degree of parental responsibility that each parent has ... If she were to return to Australia to live, then she could have the orders registered here & would be just as if the orders were made in an Australian court..

Tim W · 25 August 2019

He$hu27 said:
All I want to know is if Indian court gives her full custody of my daughter will it holds good here in Australia. Will that be recognised here??

Firstly, no, it's not a stupid question.
Secondly, the short answer is... yes, an order of this type made in India can be given effect in Australia.

It's called "Registering an Overseas Child Order".
If this stuff is on the table then you are way past Do It Yourself.
You're talking about having a lawyer in India to oppose the making of the order, and
a separate lawyer in Australia to oppose the applicaton to register the Indian order here.

And I agree with @Atticus that if the application in India is unopposed,
then it will almost certainly be made in favour of the applicant/ mother.

He$hu27 · 26 August 2019

Thanks a lot for you time and patience ATTICUS AND TIM. At least I know what has to be done. Thanks

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NT Child custody in Australia

He$hu27

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Atticus

Well-Known Member

Tim W

Lawyer

He$hu27

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