NSW Child Born Overseas - File for Custody of Children in Australia?

[Clance]

My son has dual citizenship and was born in England. His father lives in England but hasn't bothered with him since he was born. Can I get sole custody of children if I apply to the courts in Australia if he was born in England? Also what if I can no longer find the father will I automatically get sole custody?

 

[Arche]

Hi Clance

If you and the child are in Australia you can apply for custody in Australia. You will probably need to show what attempts you have made to locate the father. How old is your child? You may need to speak to a solicitor to get an application underway.

Having said that, if the father is out of the country and apparently uninterested, is there any particular reason why you want to formally establish custody at this point?

 

[Trying2bfair]

My son has dual citizenship and was born in England. His father lives in England but hasn't bothered with him since he was born. Can I get sole custody of children if I apply to the courts in Australia if he was born in England? Also what if I can no longer find the father will I automatically get sole custody?

Where do you and the child currently reside the UK or Australia?

How old is the child?

Where did the child spend the first 3months of their life?

And no you don't automatically have sole custody if the father disappears you will still have to petition for that through court in Australia, as for the UK I am unsure, really we need more information to assist you.

 

[Trying2bfair]

The reason the first three months of the child's life is so important was a case where a child was born in the UK to a British mother and NZ father, they moved to NZ when the baby was 2months old, and the couple split when baby was two.

The mother could not take the child back to the UK with her because even though baby was UK born she had not met the residency requirements of living in the UK being the first three consecutive months of baby's life so she was classed a NZ citizen as her primary country.

International custody laws are very different to regular custody laws you will need the assistance of someone who specializes in international custody most likely