My girlfriend ended our de facto relationship of 7 years whilst we were in the USA on holidays in November 2015 and she has declined to return our two (biological) children to Australia ever since (both kids are dual citizens). The Australian Central Authority endorsed my Hague Convention application on the Civil Aspects of International Child Abduction and it was accepted by the US Central Authority in 2016, whom have put my children on the US no fly list.
My ex is employing her state social services to petition the family law court in Australia for child support and a property settlement, the status of which is not known to me. (I owned 5 apartments prior to our meeting and she wants that nest-egg plus my Super).
14 months after the separation, I have not filed anything in either the US or Australia - principally due to the hope for a negotiated settlement and the extortionately high legal costs in the USA.
Can an Australian lawyer (and/or a US attorney) help:
- Am I too late to get my kids back under the Hague Convention because my US attorney and I did not file inside of 12 months of the breakup (despite the acceptance of a HC application by the US central authority inside of 12 months)?
- A way to lock-in/assure that my Australian assets will be free from a property settlement claim by my ex once the de facto relationship has been over 24 months? (I am already 14 months through this 2 year claim period)?
- What more can I do to protect myself from a property settlement claim made from abroad by my ex? (i.e. despite the cost and lack of assurance around the result should I perhaps proceed with a US court filing for my HC application in the hope that a successful outcome will provide more negotiating leverage or that delays may extend the total time out of the relationship beyond 2 years?)
My ex is employing her state social services to petition the family law court in Australia for child support and a property settlement, the status of which is not known to me. (I owned 5 apartments prior to our meeting and she wants that nest-egg plus my Super).
14 months after the separation, I have not filed anything in either the US or Australia - principally due to the hope for a negotiated settlement and the extortionately high legal costs in the USA.
Can an Australian lawyer (and/or a US attorney) help:
- Am I too late to get my kids back under the Hague Convention because my US attorney and I did not file inside of 12 months of the breakup (despite the acceptance of a HC application by the US central authority inside of 12 months)?
- A way to lock-in/assure that my Australian assets will be free from a property settlement claim by my ex once the de facto relationship has been over 24 months? (I am already 14 months through this 2 year claim period)?
- What more can I do to protect myself from a property settlement claim made from abroad by my ex? (i.e. despite the cost and lack of assurance around the result should I perhaps proceed with a US court filing for my HC application in the hope that a successful outcome will provide more negotiating leverage or that delays may extend the total time out of the relationship beyond 2 years?)