NSW Does Child Need to be in Australia During Divorce Arrangements?

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Tania101085

Active Member
26 July 2016
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During a divorce in NSW, does the child have to be in Australia while the divorce and child care orders are being arranged?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Where is the child now?
Who has it?
Does the child have a passport?
 

Tania101085

Active Member
26 July 2016
7
0
31
The child and I are both in Baghdad, Iraq. The father brought her here and then 18 months later, brought me here to be with her. He wants her back in Australia now but doesn't want me so he wants a divorce but he believes that we can divorce and arrange child care without her in the country.

He also says I have to give him full custody because he thinks I'll take her away from him because of what he has done in the past, so he is blackmailing me. He told me his lawyer said I just have to sign divorce papers and full custody papers and it's all done in 2 weeks. This just doesn't sound right to me. We are staying with his sister and her family. We both have passports
 

sammy01

Well-Known Member
27 September 2015
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Do you want to stay in Iraq? Do you have permenant residence in Australia?
 

Tania101085

Active Member
26 July 2016
7
0
31
No I don't want to stay in Iraq but the Australian embassy can only get me out of here, they can't do anything about getting my daughter out, that's up to her father.

I lived with my husband in Sydney, before I came here my name was taken off the tenants agreement. If I returned to Australia now I would have to move back in with my mother then find my own place?