VIC Can Ex File for Intervention Order?

[Sallypham]

I got married and now have problems with my husband. He and I are separating at the moment. And now he just wants connect with me again and said he wants to try again. He didn't put any forms in for divorce. We have one child together - a girl and just over one year old.

He wants to take her to Australia for a visit with his family and relatives but I'm worred that he will get an "intervention order" from the government and I can't take her back to Vietnam with me. She was born in Vietnam but registered in Australia so she has two citizenships now.

Can someone please help me? Should or should I not let him take her to Australia so I won't lose her?

He is her father, of course. I want her to visit them but I'm worried. How can I take her back to Vietnam with me after the visit?

 

[AllForHer]

At this point, it's Vietnam that has jurisdiction over family law affecting the child in question, not Australia, so I'm afraid I can't provide much information. You'll need to talk to a lawyer in Vietnam to find out whether or not you can prevent the child from travelling to Australia in order to eliminate the risk of international relocation.

 

[Sallypham]

But the lawyer in Vietnam they don't know about any laws in Australia so how can they help me ? She has two citizenships, so Australia also has jurisdiction at Australia Court.

I tried to get an "intervention order" but they don't do this in Vietnam. But it doesn't matter. I just wanted one just in case her father kidnapped her out of Vietnam.

I don't know. Should get anything from Australia before I take my daughter there? Can you pls help me?

I don't know any law in Australia

 

[AllForHer]

Family law in Austalia can restrict a child from going out of Australia. It can't restrict a child from coming into Australia.

Right now, the child is in Vietnam, so the lawyer doesn't need to know what happens in Australia, at this point. The lawyer only what happens for a child potentially travelling outside of Vietnam.

If the child does come to Australia, then you can apply for the child's return under the Hague Convention since both Australia and Vietnam are signatories.

But as far as the child leaving Vietnam goes, this is a matter that falls under Vietnamese jurisdiction. Australian law can't tell Vietnam who it can and can't restrict from travelling. Australia literally has no jurisdiction at all in Vietnam.

 

[Sallypham]

I know Australia law can restrict a child from going out of Australia, that's what I'm worrying now. As you said I can apply the child's return under The Hague Convention, right ? But how can I do it? And should I do it in Vietnam before we go or when we in Australia already, then apply?

Of course I know Australia has no jurisdiction at all in Vietnam. I'm not worried about anything when my daughter is with me in Vietnam. It's just because her father wants to take her to Australia for a visit with his family, so I just want to take her back after that, but I'm not sure he will let me or not.

He can stop me at the airport if he doesn't want to and tell the police I kidnapped his daughter, even though I'm her mother and then I'm in trouble

 

[Sallypham]

I just had a look at the Australia website and unfortunately, The Hague Convention is not enforced between Australia and Vietnam. So what can I do ?

 

[AllForHer]

Okay, the best I can do is give you information about what the father could do in the event he brings the child to Australia and wishes to retain her here.

Provided the child is travelling with a valid passport, there is nothing that stops you from leaving the country with the child and without dad. If dad wanted to stop you from leaving Australia to return to Vietnam with the child, he would need to file an application with the Court to restrict the child's relocation back to Vietnam and to have the child's name placed on the Airport Watch List.

This can be a slow-ish process, but in the event he does manage to bring the child here and does file for orders, you will be invited to participate in those proceedings, so you can have your case heard about why the child should be returned to Vietnam.

If the child has lived predominantly with you and predominantly in Vietnam before travelling, it's unlikely the father would be granted such orders to retain the child here.

In Australia, a passport requires both parents' consent before a child is allowed to travel, so if it's the same in Vietnam, then perhaps you could consider retaining the child's passport until you are confident the child will be returned if you allow the child to travel with dad to Australia.

 

[Sallypham]

In Vietnam, we are different. She has a passport same with me and it means she is under my passport so only I can take her out of Vietnam.

Her father got another Australian passport for her. If he comes here and visits and then I'll loose her anyway.

He told me about how he registered for his daughter as a displaced Australian.

 

[Sallypham]

I don't want to participate in any court.

As I said above, my husband can register an application to court to restrict my daughter at the airport. Doesn't matter if it takes a long time or not. Maybe he has already started applying and now he's just trying to get my daughter to Australia then keep her away from me, except I will organise stay in Australia if I can't take her back to Vietnam with me.

In Vietnam, my daughter's passport is joint to my passport and she doesn't have a separate one. So it means only I can take her out of Vietnam. No one can do it.

But her father got her an Australian passport so he can come to Vietnam and take her to Australia without me. Then Vietnam has no jurisdiction in Australia and if I go to Australia, I have no power to take my daughter back. I want to apply for anything that can help me ensure her return to Vietnam with me, even if her father takes her to Australia.

Anyway if I let her go, what should I do and apply? Or shouldn't I let her go until she's 16 years old?