VIC Can I bring my Australian Citizen son to Australia with me?

[rahul159]

Dear Friends,

I'm an Indian born Australian Citizen, OCI card holder, married to an Indian Citizen from last 3 years, and have one 2 years old son, who is born in India and gained

Australian Citizenship by Descent and dosent have OCI card at the moment.

We live in India and are working so my mum takes care of my son all the time.

My wife who is Indian Citizen is creating problems in family. So I wish to move back to Australia with my son. My wife didn't applied for Australian Spouse Visa as she doesn't want to move to Australia because she is very possessive about her family and want to live close to them. I have 3 brother-in-laws and 2 sister-in-laws so there is no question of anything like they need her support or financially dependent on her.

My question is "Can I take my 2 year old son to Australia with me as he is an Australian Citizen. Can She by any means create problems for him to move to Australia with me.

Please advice.

Regards,
Rahul

 

[SamanthaJay]

I hope she would because doing what you propose would be kidnapping the child.

 

[rahul159]

I hope she would because doing what you propose would be kidnapping the child.

She is not applying for spouse visa for her own purpose. So what can I do. I'm stuck in middle.

 

[Rod]

At the moment you are under Indian law. You are working and living in India. You need to ask these questions of an Indian Lawyer.

Having said that, if you managed to get your son to Australia I note India is not a signatory to the Hague convention on child abduction.

 

[rahul159]

She is not applying for spouse visa for her own purpose. So what can I do. I'm stuck in middle.

Also when applying for his citizenship and passport, she haa

At the moment you are under Indian law. You are working and living in India. You need to ask these questions of an Indian Lawyer.

Having said that, if you managed to get your son to Australia I note India is not a signatory to the Hague convention on child abduction.

Rod thanks for your reply.
What do you mean by the statement 'India is not a signatory to the Hague convention on child abduction'.

 

[SamanthaJay]

Also when applying for his citizenship and passport, she haa

Rod thanks for your reply.
What do you mean by the statement 'India is not a signatory to the Hague convention on child abduction'.

Rahul, do a google search for the Hague convention. There is a lot of info online about it.