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Divorce - Negotiating Access to Children Living Overseas

Discussion in 'Family Law Forum' started by ConfusedAmI, 30 December 2015.

  1. ConfusedAmI

    ConfusedAmI Member

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    I am in the first stages of divorce. I am Australian and she is from France. We have 2 kids under 12 who are living with her in France. We have been separated for 12 months.

    We are currently negotiating terms involving my access to the children. We agreed to split the cost of flights for the children to visit me. However, she insists they can only come every 3 years to Australia because of the costs. She works full-time and has plenty of help financially from the French family assistance. I would have to go there every year to see them and I think it's unfair because it will be financially tough for me.

    Should I seek legal advice regarding Family Law?

    I am currently in France for 2 more weeks to make our own agreements. We have remarkably been very good friends up until now. I expected this would be a tricky thing to negotiate.

    I need help,

    Thanks
     
  2. sammy01

    sammy01 Well-Known Member

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    Look, the first problem is that given the kids will be residing in France, any agreement would have to comply with French law. I doubt anyone here is gonna know much about how their system works.

    My thoughts.... See if you can get her to agree for her to pay 3/4 of the costs every 3 years with the hope that you could get her to agree that the kids could come once in a while, like every second year but you incur all the costs.

    I hate to say this but if she were in Australia, I'd encourage you to prevent her from leaving. Why? Well, even if you have legally enforceable court orders, what is to say she'll comply with them and then you have to go back to court and it costs a fortune...

    Yes, you should seek legal advice but in France...
     
    ConfusedAmI likes this.
  3. ConfusedAmI

    ConfusedAmI Member

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    Thank you for your reply Sammy :)

    I figured it would be tough to do anything from Australia with lawyers. It is pretty much a lose-lose situation for me on that front.

    I might try your suggestion with the costs.
     
  4. N Knight

    N Knight Well-Known Member

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    Are the kids AUS Citizens?
    If yes, then AUS Courts can have jurisdiction, but I would agree with the comment before me.
     

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