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VIC Marital Problem & Adoption Australia on Hold

Discussion in 'Family Law Forum' started by Joysmi, 28 May 2015.

  1. Joysmi

    Joysmi Member

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    Hi,
    We are from India.We have been legally married for the last 9 years. Due to endometriosis, I am unable to conceive. Had multiple failures with IVF and surrogacy failed twice. We are unable to apply for adoption from India due to hold by the Australian government. And my husband is not open for local adoption. But he insists on having a child.

    Today, he gave me the worst news of having an affair and that woman is pregnant with his child (2 weeks). He says he will not leave me and will take care of me provided that I accept her and the child. The woman has told him that she is alright with live-in relationship with him and is also ok to hand over the child. I do not want a divorce here. I want to save this marriage. We have known each other for the last 14 years.

    Now if suppose the woman is ready to give away the child, what are our chances of full custody of the child? And also what is the process? Would it come under adoption process or file for full custody from my husband's side?

    In no circumstances, I want to end this marriage. My husband has not disclosed to me who that woman is - married or unmarried. I love my husband a lot and don't want to lose him.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Adoption comes down to consent of the parties. If the woman agrees to adopting the child to you and your spouse, then great, but if she doesn't agree, then you would be unable to adopt the child as your own.

    In terms of parental responsibility (the term preferred over 'custody' in Australia), your husband and the child's mother will have shared parental responsibility as a presumption under the Family Law Act 1975, which cannot be taken away except by order of the court, and it is a very, very difficult order to have made. Unless your husband can prove it would not be in the child's best interests to share in parental responsibility or to have a relationship with the mother, then it's unlikely he would gain full custody.

    This kind of parenting matter, in any case, is for the parents to discuss, so it may be best for the father to hold a family dispute resolution conference with the mother to determine what's best for the child. Legal Aid and Relationships Australia are just two of the many groups offering a mediation service, but Relationships Australia may also offer some counselling that you may find of use.

    I hope this helps.
     
  3. Joysmi

    Joysmi Member

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    Thank you... I appreciate your response... now I have clearer vision ..
    But he cleared it n confirmed that evening that he never had that sort of relation nor there is any child involved.
    The frustration inside him made him do that and he wanted to hurt me which was very cruel from his side..
    But i will definitely keep this in mind...
    Thank you for enlightening me with the information..
     

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