Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

VIC Can I bring my Australian Citizen son to Australia with me?

Discussion in 'Family Law Forum' started by rahul159, 16 April 2018 at 6:57 PM.

  1. rahul159

    rahul159 Member

    Joined:
    Monday
    Messages:
    3
    Likes Received:
    0
    Dear Friends,

    I'm an Indian born Australian Citizen, OCI card holder, married to an Indian Citizen from last 3 years, and have one 2 years old son, who is born in India and gained

    Australian Citizenship by Descent and dosent have OCI card at the moment.

    We live in India and are working so my mum takes care of my son all the time.

    My wife who is Indian Citizen is creating problems in family. So I wish to move back to Australia with my son. My wife didn't applied for Australian Spouse Visa as she doesn't want to move to Australia because she is very possessive about her family and want to live close to them. I have 3 brother-in-laws and 2 sister-in-laws so there is no question of anything like they need her support or financially dependent on her.

    My question is "Can I take my 2 year old son to Australia with me as he is an Australian Citizen. Can She by any means create problems for him to move to Australia with me.

    Please advice.

    Regards,
    Rahul
     
  2. SamanthaJay

    SamanthaJay Well-Known Member

    Joined:
    4 July 2016
    Messages:
    262
    Likes Received:
    39
    I hope she would because doing what you propose would be kidnapping the child.
     
  3. rahul159

    rahul159 Member

    Joined:
    Monday
    Messages:
    3
    Likes Received:
    0
    She is not applying for spouse visa for her own purpose. So what can I do. I'm stuck in middle.
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    4,252
    Likes Received:
    606
    At the moment you are under Indian law. You are working and living in India. You need to ask these questions of an Indian Lawyer.

    Having said that, if you managed to get your son to Australia I note India is not a signatory to the Hague convention on child abduction.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. rahul159

    rahul159 Member

    Joined:
    Monday
    Messages:
    3
    Likes Received:
    0
    Also when applying for his citizenship and passport, she haa
    Rod thanks for your reply.
    What do you mean by the statement 'India is not a signatory to the Hague convention on child abduction'.
     
  6. SamanthaJay

    SamanthaJay Well-Known Member

    Joined:
    4 July 2016
    Messages:
    262
    Likes Received:
    39
    Rahul, do a google search for the Hague convention. There is a lot of info online about it.
     
Loading...

Share This Page

Loading...
gt;