LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Divorce - Full Custody of Children?

Discussion in 'Family Law Forum' started by Malik Saeed, 4 November 2014.

  1. Malik Saeed

    Malik Saeed Member

    Joined:
    4 November 2014
    Messages:
    2
    Likes Received:
    0
    Hi there,

    I recently got separated from my wife ( separation). Due to intervention order ( restraining order), I can't see my kids, can't call my ex-wife, even she doesn't allow me to talk to my kids. And she filed for divorce overseas because we were married overseas. I don't want our divorce, but she didn't come any point yet. If she marries again, can I get full custody of children and bring my kids overseas?

    So last month I left Australia due to a lot of mental stress I came out of that situation. But I am so worried about my daughters. I don't know what can do for them. How would I deal with this situation? My main concerns are my kids 100% custody, health, education, self esteem and not being neglected by their mother. If she married with someone, my kids being neglected. I need help any social services or child protection services. Who can assist me to find out about my kids?

    I can't come back to Australia due my mental & financial problems. Or give right directions.

    Thanks
     
  2. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    1. Are the children in Australia? If not, where are they?
    2. Is the intervention order permanent? Was it made in Australia?
    3. Are you currently residing overseas?
     
  3. Malik Saeed

    Malik Saeed Member

    Joined:
    4 November 2014
    Messages:
    2
    Likes Received:
    0
    Yes child are in Australia
    1)yes they are in Australia.
    2)No it's for one year and would be finished in March.
    3) yes iam in overseas due to my mental health
     
  4. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Malik,

    1. Did you contest the intervention order? Was it made ex parte (without your presence) or were you also present? Read this information sheet from the Victoria Legal Aid about intervention orders.
    2. You may appeal an intervention order within 1 month of the order being made. You would appeal to the County Court.
    3. Here is a sheet about family intervention orders.
    4. In contesting an order or in arguing for custody of the children, the court will only consider what is in the best interests of the child. A standing intervention order will not act in your favour. Neither will the fact that you are essentially arguing to uplift them from their family, friends and social environment here in Australia to relocate them overseas. Nor will your mental and other history help your case. There must be a strong argument as to why this will be in the best interests of the children.
     

Share This Page

Loading...