QLD Parental rights - unborn child

[Laura084]

Hi, I need urgent advice regarding my situation. I am a German national married to an Australian. I am 33 weeks pregnant. We have been married for a year (we married in Germany and later moved to Australia). My partner is an alcoholic and has been verbally abusive since the beginning of the relationship, but since the start of the pregnancy things have got much worse, and tonight he crossed the line and spit at me while threatening to hit me.

I am 33 weeks pregnant and I have taken the decision to leave him immediately. I will be buying my plane ticket back home tomorrow to fly in the next 3-4 days. I will be leaving most of my (material) things behind. I don’t care.

My reasoning for doing this in such a rushed way is avoiding him having parental rights to my child. My idea is to abandon Australia before my child is born.

Am I taking the right decision? What would be the consequences if I stay and have my child in Australia? Will he take it away from me? Will I be forced to stay here for the sake of shared custody?

I really need to make this decision quick, as my pregnancy is very advanced and the plane company WILL NOT let me fly over 36 weeks. I just want to go home and have sole custody of my baby back in Germany.

I am on a temporary partner visa and want to renounce to it.

Please help!

Thank you so much,
Laura

 

[Tim W]

Let's be clear about one thing.
Before you give birth, you are free to get on a plane to anywhere, at any time.
That is because the foetus is not a legal being until it is born - it's just part of your body,
and nobody else has any say in what happens.
The only thing that might complicate your trip will be if an airline won't take you because you're so far along.
You'l need a medical certificate for that. Speak to the airline about what you need.
Don't rely on online booking - speak to a travel agent. It will cost extra, but that's the price of getting away clear.

In the meantime, speak to the police here. There are several things they can do (such as get court orders)
to reduce the risk in the here-and-now.

 

[Rod]

Also consider what rights you have under German law with respect to shared time. Being married an Germany and having lived some of your married life there, you have a good case for arguing German law should apply rather than Australian law.

So if your about to be ex initiates an Australian Court action, you counter by saying the appropriate jurisdiction is in Germany.

 

[Tim W]

Also...

Germany is one of the "reciprocating jurisdictions" for child support.
This means that the governments of Australia and Germany have a deal where they will work together to make sure that
the Australian-resident parent (him) pays the German-resident parent (you) in Germany.
The Australian father can be made to pay child support, even if the child (and it's mother) live outside Australia.

If your child is born in Germany, then it will be both a German national and an Australian national ("citizen") by birth.
This will be good for them, but does not give the child's Australian father himself any extra rights.

 

[Tim W]

...and as to your visa - that will be no problem.
Deal with it later, after the baby is born

 

[Laura084]

I really can’t thank both of you enough for your advice, which I have followed and it has been extremely helpful. I contacted the airline company and they do need a medical certificate, which I obtained from my doctor today. There is no issues with flying before 35 weeks with the medical clearance so I will fly this week.

I have not contacted the police as it will only make things more complicated, and he will realise I’m going to leave.

And yes, I will deal with the visa, divorce, etc when I’m safe. I don’t really want any child support, just to get out of the situation and disappear, but thank you for the advice regardless.

Thank you thank you!

Laura

 

[Tim W]

Bitteschön.