NSW Family Law - Go Through Legal Process to Get Divorced?

[BanD]

Hi guys,

After a driving lesson went sour and name calling from my wife, I stopped talking to her for about 3 weeks. I used to sleep in a separate room and cooked my own meals. My wife was cold and I tried to mitigate but wife was stubborn.

I went to India (Calcutta) to see my ailing dad and on the day I was coming back, my wife left with my 4.5year old daughter to Mumbai to her brothers. I came to an empty house and was shocked not to see them at home. I later learnt from my mother whom my wife called from Sydney airport informing her that they were leaving for Mumbai.

I have seen a lawyer and I was told it was parental child abduction and I have to beg on my knees to get them back because India is not a signatory to Hague convention. Once they are in the country, he can put the child on Airport Watchlist.

After exchanging hurtful and blaming-each-other emails, my wife is coming back with my daughter on 23rd Dec. I have emailed the lawyer to put the child on airport watchlist cause I don't want my wife to take her again. Mind you, wife is an unemployed lawyer with full practising licence of NSW.

Now, for 7 months, I haven't seen my daughter and went through depression and am now trying to get back on my feet. I want my wife back but for my daughter and not for me. I want to be separated without legal hassle. My wife complained she had no independence, so I have bought a car for her.

I am willing to give her half of whatever savings I have got and also willing to let her stay in the house where she hasn't contributed a cent (which I have never complained about). I want to move out and can sleep rough. But all I would want is access to my daughter whenever I want.

Can you guys please let me know if this is viable in family law? Do I still have to go through legal stuff to get divorced?

Thanks and regards

 

[Lance]

Hi,

It all depends on what you both decide. If your wife finds out your daughter is on the watchlist, she will feel she has very little independence. I completely understand your reason for doing it and I would have done the same but it might go against the trust you are trying to build with your wife. If you leave the house to your wife & daughter and 'rough it' you probably wont get access to your daughter.

Yourwill likely be required to have a house suitable for your daughter to stay at. What you should probably do (and I'm sure your wife can tell you all about this) live separated but living under the one roof. In this time you could try to repair your relationship and if it doesn't work you can establish the mandatory 12 months separation prior to divorce.

Some information can be found here: Separated but living under one roof - Family Court of Australia

Have a read about parenting plans on the relationships website: Parenting Plan Guide

Lastly, this can all be a bit much at times so it might be worth connecting with people who specialise in helping dads.
Dads in Distress
Men's Rights Agency | Men's rights, fathers rights, family law, child support, domestic violence, discrimination

I hope you can sort out a way to have a wonderful relationship with your daughter.