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WA Divorce and Custody of Children - Can Ex Take Children Back?

Discussion in 'Family Law Forum' started by Ruby Mate, 17 September 2015.

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  1. Ruby Mate

    Ruby Mate Member

    17 September 2015
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    ️Hi everyone, I separated from my husband 2 years ago because of domestic violence, and during mediation parenting orders granted me custody of children.

    I moved back to India with kids after mediation and his supervised access visits with the kids, which took place in the presence of a psychotherapist. I was asked to take the VRO back once I reached India and it happened so. My ex communicated in mails to me asking me to give him one last chance again, and be together again under one roof, but I requested him to divorce me amicably because I was fed up of leaving him 6 times and thus this time I made a decision to move on.

    I found a new love here and my ex came to know and he's gone silent and sent me mail via his lawyer that he is applying for divorce and it was mentioned by his lawyer that in case circumstances of kids change, then I would be asked by the family court for further information. I have no idea why circumstances of kids should change. The kid who's 11 years old doesn't communicate to his dad on Skype or on the phone and refuses to even talk though in the orders it was mentioned that weekly calls be allowed on Skype and I couldn't force the kid.

    The kid is close to me and his grandparents than with his dad whom he fears a lot because of the emotional abuse he did to the child. The kids and I are Indian citizens because at the time of birth of kids neither of us were PR but we're Indian citizens.

    My fear is whether my ex can ask for the kids to be sent back to Australia by pleading to the family law court in Australia now. I hope this is not possible. Will kids be forced to return to Australia now?

    My kids are just 11 years old and 5 years old and so I hope we don't have to face such situation.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Ruby Mate, family law is not my specialty but I don't know of any means by which your partner would be able to have your children taken back to Australia. Generally once they are overseas they are out of the jurisdiction and control of Australian courts.

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