NSW my ex taking my child abroad

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

S-c-o-t-t

Well-Known Member
22 February 2016
24
1
124
Hi everyone , my ex ( the mother of my child ) ask me to take the child ( 5 years old ) overseas for holiday ( 2 weeks ) and I signed the documents for the passport for my child but my ex didn't come back .Its been one month without any call or information . My ex took my child to usa .My child is Australian citizen by born .What should I do ? Thank you
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
So you apply for parenting orders to have the child returned to Australia. You need to contact the Attorney General's Office for advice on how to proceed.
 
  • Like
Reactions: S-c-o-t-t

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
You'll need to apply to the Family Court (not the Federal Circuit Court) for urgent, interim and final orders.

Urgent - Recovery of child.
Interim - How you want 'custody' to work while final orders are worked through
Final orders - How you want to parenting to work in the longer term.

I'd also be asking for a costs order against your ex for the urgent orders you are seeking. Not sure of your chances of a costs order being granted but worth a try.

The actions of your ex are likely to work in your favour in the short and medium term so take advantage of it while you can.

If you can't afford a lawyer at least ask at your local community legal centre for some advice on how to go about getting your child back.