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NSW Separation - Should I Deliver Baby in Australia or India?

Discussion in 'Family Law Forum' started by ascharlie, 25 July 2016.

  1. ascharlie

    ascharlie Member

    18 July 2016
    Likes Received:
    Hi there,

    We have got married in India since last 2 years and for the past one year, I'm currently staying with my husband in Australia. I have realised that he has only married me for money, also he is unsupportive and disrespectful towards me and my family in every scenario, hence, I am fully confident to get separated from him, as I feel emotionally violated and ill-treated as a woman.

    I am currently working full-time here in NSW. Unfortunately, things have worsened as I got pregnant with 6 months now. I agree it was bad planning on my behalf. Also, in terms of my visa status, I am only a 'temporary' dependent permanent resident and husband has conditioned me to listen to whatever he demands, which I do not agree. This is only to get my final PR done.

    He has been fooling around with me since past 3 months and I do not have further hopes and waste time anymore.

    I want to consult on my decision that I prefer to deliver baby in India as he is not co-operating in looking after me during this pre-baby time. I want to fly back to my family in India to get some peace and after the baby is delivered, file for separation. But if I deliver the baby in Australia, the baby would need a passport to travel back with me and my husband will not agree, as I understand both parent consent will be required for passport.

    So I'm looking for some help on the pros & cons in my case.

    Appreciate your assistance.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    I don't condone parents acting to cut a parent out of a child's life no matter what their differences are or how poorly they get along, so I sincerely hope you consider the impact on your child when you act.


    A baby is not a person over which a parent can exercise parental responsibility until after it is born. Thus, if you go back to India during gestation and give birth to the child there, there will be no avenue of remedy under Australian family law for the father to have you returned to Australia with the child, and the child will fall under family law jurisdiction in India, meaning he will have to bring any potential proceedings in India.
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