QLD Custody of Children - What Happens if Ex Leaves the Country?

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leevi

Member
21 October 2016
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My ex is a foreign, non-English speaker and I was living in his country for some years. We had been planning on applying for his Australian permanent residency visa for a long time, talking about it and making sure it is what he/we wanted. I became pregnant and that became the catalyst.

My ex did not have family in his country to help us with the baby and I was the main breadwinner until I was too pregnant to work. So he applied for his passport which arrived a couple of months after I had returned to Australia alone. I returned to Australia to give birth and remain as we both decided raising a child here with my family's support and access to 24 hour healthcare was far more important than maintaining a dream lifestyle in the jungle beaches of a 3rd world country.

We both made a very tough decision that it was better for me to go through the birth alone in my country with a medical system and language I am more familiar and comfortable with. Once our child was born, I went to great lengths to ensure his dad was on the birth certificate. I spent 3 extremely difficult years as a single parent channeling every single cent and spare minute into my ex's visa application.

Finally in 2016, his permanent residency was granted. All up it cost $40k to get paperwork done, translations, legal advice, documents couriered around the world, Skype calls, and airfares to get him here. None of which he helped out with, as his earnings were considerably lower. Now after almost 6 months, he says he wants to go back to his country - the main reasons being I found out he was messing around with someone while I was in Australia, also that he had a jail term in his background which I still do not know detail of. So I've been one miffed mama and he has to deal with my angry rants about honesty and responsibility and he doesn't want to be here anymore.

Also, he just wants to earn money which he can't until his English improves (he is studying it at tafe). If he wants to return to his country, I'm paying for the ticket (one way). Typing this out, I sound like an idiot wasting all that money on this guy, but I went through all of this in sentimental hope that it would all work out despite difficulties and that even if we were not together our son would have his dad.

If he leaves, will I have any trouble getting sole responsibility/residency (aka full legal and physical custody of children) of our son? Is it a matter of signing papers before he leaves or will it be a court process? Also, there is no property involved.
 

sammy01

Well-Known Member
27 September 2015
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So you need consent orders that stipulate the lay of the land. Otherwise simple things like getting passports could be hell. So you need a written agreement signed by the courts that shows that you have the rights to make decision about stuff like passports without dad's signature. I reckon you need to speak to a solicitor.
 

leevi

Member
21 October 2016
2
0
1
Thanks Sammy,

I'm going to consult with a couple of solicitors on Monday. I feel like it should be straight forward if is is willing to hand consent over to me but am worried that it won't be such a straight forward process legally and therefore more money and tension. Also, if I die, would custody automatically go to him? Can I ensure that my mum and sisters are first in line for that?

I want my child to be raised here in Australia as with my family he will always have a stable home, good education options, healthcare, etc.