NSW Father's visitation rights

[Priyank]

Hi,

I am permanent resident in Australia and me, my wife and my daughter are citizen of India. I separated from my wife in May'17 and wanted to file divorce here in Australia. Everything was fine, my wife was allowing me visitation rights to our daughter, however in august things turned dirty. She went back to India along with my daughter and denied me video chat with my daughter. She then put forth her terms of divorce and asked to file divorce in India. One of the terms were that I will have no visitation to my daughter. She has even filled a criminal case against my family back in India. (We never had any violence).

My cause of concern is
1) Can I do something here in Australia to get the divorce worked out properly as my wife is not in talking terms.?
2) Can I appeal for visitation rights for my daughter?
3) Can I get my daughter repatriated back to Australia on the term that she took her to India without prior information or approval from me?

 

[Rod]

If your wife has not already filed for divorce in India, recommend you file here one year and one day after separation to head off proceedings in India. Consult a lawyer as well. India is not on the list of countries that will return kids to Australia so it may be a tough task getting your child brought back to Australia.