VIC Custody of Children - Can Husband in Australia Take Our Child?

[Vidhya]

Hi

I am from India. My kid was born in Australia and my husband is an Australian citizen. Due to domestic violence, I am separated from my husband. He is doing Forex Trading online in Australia.

Me and my kid are in India. It's been 10 months.

My husband is threatening me on Facebook by posting some things related to custody of children. I am scared now. Is there any possible way for him to take of the child from me?

 

[Lance]

Hi Vidhya,

I'm not sure of the detailed facts of your case but if you left the country with your child without your husbands or the courts permission, in Australia this could be considered international child abduction. In saying that I'm fairly certain India isn't a party to the Hague Convention (The International treaty on Child abduction).

So in saying that it probably isn't possible to extradite you. If you returned to Australia you would likely have a strong case if you have any proof of domestic violence, but the court does frown on children being taken out of the country unlawfully.

I hope that helps.