QLD Family Law for Australian children living in PNG

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

mkr

Well-Known Member
11 January 2016
25
1
124
Hi there.

Here is the situation:

I have a daughter to a PNG citizen. Daughter holds both PNG & Australian citizenship. I hold Australian citizenship.

I left the relationship due to abuse (emotional and physical) and her destructive gambling, while at our home in PNG. The mother has since taken the child, denied access, and continued assaulting and threatening despite a restraining order being in place. This has reached the point where my employer has now asked that I leave the country through concerns for my safety and security. To top it off, she has bribed Police to threaten me and I have had to fend off trumped up charges in PNG district courts.

With me potentially leaving the country it now leaves me in a very weak position to pursue a custody hearing in the PNG court. Sadly, I will also not be in a position to take my daughter with me, with her being left with her abusive mother.

Is it possible to pursue this matter from Australia? How would I do that? Can I raise a Family Court hearing fro custody through the Australian system, instead of PNG?

Ultimately, I want my daughter to be able to receive care from her Dad, and grow up to be safe in Australia.

Regards
 

MartyK

Well-Known Member
4 June 2016
419
61
794
Unfortunately, no, you will not be able to pursue this through Australian jurisdiction if the child is still resident in Papua New Guinea.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,944
820
2,894
Sydney
PNG is another country - Australian Family Law has no effect there.
You can still have a local PNG lawyer act for you, even though you are overseas.