NSW Ex took my son, I have a chronic health issue & cannot work, am I entitled to spousal support?

[kk98321]

My husband took up a job overseas in 2015, in early 2016 I became very ill, we came back in Australia for my testing and treatment. Testing revealed I have a rare and chronic debilitating condition. I can only get the treatment I need here in Australia, because it is not available in SE Asia where my he is working. We separated almost 1 year ago, he took my then 2yo son with him. He wants sole custody and to remain his sole carer indefinitely. I am in Australia alone getting treatment, getting very little financial support from him while he has my son. He makes over 200K AUD and I am literally just scraping by. He is a lawyer and has hired a top firm to help dust his hands off me and keep my son. I have already received his proposal and he intends to allow me 3 visits a year, a small one off payment, and for him to have sole custody. He wants my son to reside with him overseas indefinitely.

My case obviously deals with international family law issues, I need to finalise the divorce but:
1. What is the chance of me getting my 3yo son back?
2. What is the chance of me getting spousal support? I am chronically ill, I am professionally trained with two science degrees but do not have the physical capability of returning to work full time yet as I am hospitalised once every four weeks.
3. I cannot afford legal fees, do you think legal aid would help me with this?

Thoughts?

Thank you, most appreciated.

 

[sammy01]

Apply for legal aid asap

 

[Amelie1997]

If your in hospital how will you look after your child? Family law is all about what's in the best interests of the child. Seek legal advice regarding your situation, Legalaid is available in NSW.

 

[kk98321]

If your in hospital how will you look after your child? Family law is all about what's in the best interests of the child. Seek legal advice regarding your situation, Legalaid is available in NSW.

I am not in hospital now. I go in for one day every 4 weeks.

 

[sammy01]

Yep best not to assume. Mum is sick is not grounds for the child to not see his mum

 

[Amelie1997]

Don't answer these questions as I am out of time - think about them. Who will look after the child for the day your in hospital? Are you sick for days after being in hospital? How many days per month does your condition affect you and to what degree - eg are you bedridden? How will this rare condition affect your ability to look after your child - eg can you cook, bath your child etc. Of course I do believe you should have access, but family law is about what's in the best interests of the child. You also need to consider that you have already consented to your ex-husband taking the child overseas - was this done via a parenting plan submitted to the Family Court? There are lots of unanswered questions so I suggest you go and see Legalaid and make sure you provide all relevant facts to them (including emails and any correspondence/documents from your ex or his lawyers regarding the matter).