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VIC Warrant For Arrest And Border Watch?

Discussion in 'Family Law Forum' started by Oom, 19 September 2014.

  1. Oom

    Oom Member

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    I have a situation where a friend is A Thai Citizen, and Australian resident currently residing overseas. The recent history I will outline is complex but may be followed in point form.

    • Numerous Court hearings beginning in 2012 led to the person being in contempt of court and she left the country against injunction and orders that were unable to be executed.
    • Court ordered an arrest warrant and that my friend be detained and brought before the family law court in Dandenong at a time after arrest.
    • My friend left Australia last year in October and subsequently has undergone treatment for depression and is currently in treatment for breast cancer.
    • Facts that need to be considered are there is a daughter now 5 years old, being born in Thailand in 2009 and only ever coming to Australia for 3 months of her entire life. The child has resided in the sister's home in Thailand with aunt, uncle, mother, grandmother and a cousin. The child is an Australian Citizen by descent, the father is Australian and resides in Victoria. The court established the parentage by consent orders.
    • without DNA testing of the father, the father denied being the father in Australia. The father took court action in Thailand for custody of the child claiming to be the father. The father cancelled the case when required to undergo DNA testing in Thailand, the mother took out 100% parental custody in Thailand and the father is not recognized as the legal father in Thailand. The father is the legal parent in Australia by the consent order. The mother currently is transferring her parental custody to her sister and brother in law in Thailand.
    • The daughter will remain in Thailand and the birth mother will have no legal power in Thailand to remove the child from Thailand. The Australia court has ordered the mother( prior to the contempt and leaving Australia) to have the daughter brought to Australia and surrender all passports. The mother having undergone surgery for breast cancer can return to Australia , but cannot be the carer of her daughter after transferring custody to her sister. The mother also was successful in child support assessment, but a stay order on payments and collection of payments is pending her appearance before the Australia Court.
    As I said, it is complex.

    What I wish to know is, how can the warrant be purged? If my friend enters Australia in Qld and is detained by AFP on entry where will she be detained? Will the Victoria Police have the power to extradite her to Victoria?
    If so where will she be detained? Is there any way her case can be presented without her coming to Australia to change the orders and lift the stay and purge the warrant?

    I hope someone will help this lady change this situation that has arisen and give some definitive answers.
     
  2. Michael T

    Michael T Well-Known Member

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    Hi Oom,
    This situation seems very complicated and would need personalised legal advice, rather than general information. As a starting point, perhaps she can reach out to Legal Aid Victoria. Legal Aid Qld also has an informative "Warrants" page.
     

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