NSW Custody of Children - Missing Child and Runaway Mum?

[bfrascino]

Hi,

My ex girlfriend says we had a baby girl, I am overseas and she doesn't want me to have the baby, but she is either with the baby, she said she left the baby with her mother in China.

I want to have the guardianship of the babe as she is a terrible mother. She already has a boy and she also left her boy with her mother in China, so what can I do about it?

I have to find her and I want the custody of children. Should I go to the police? As the father, what are my rights?
How hard is to get custody of the baby considering her mom is not even trying to look after her? Considering more, that she sabotaged the condom to get pregnant so I would keep the relationship..

Thanks in advance!

 

[Sophea]

Hi bfrascino,

In Australia, it is a woman's decision whether or not she proceeds with an unplanned pregnancy, however once the child is born, you as the father, will have certain rights and responsibilities. As a father you are legally liable to provide financial support for the child regardless of the relationship between you and your ex. You also have a right to see your child and be part of its life, unless there are safety concerns.

How Australian laws will affect you will depend on a few things. Was the child born in Australia? Are you or your wife Australian residents or citizens? Are you listed on the child's birth certificate as its father?

 

[bfrascino]

Hi Sophea,

Thanks for the information.

I am not 100% sure but I think the child was born in Sydney - Australia. Both of us are Australian citizens, we are also immigrants, I am from Brazil and she is from China.

I was and I'm still in Brazil when the babe was born, I don't think she has registered me as the father as she doesn't want me to have the baby.

What can I do to get my child back to Australia and not in China and have her custody?

She is hiding from me, she is not answering my calls and other contacting methods, I don't have her current address.

I really don't know where to start with, should I first find her? Can I get any help by law to find her, as she won't let me see my child?

Is an expensive and long process to fight for the custody of a child?

I just want to have an idea of what is waiting for me..

Thanks Sophea,

 

[Tracy B]

Hi bfrascino,

I'm not an expert in family law, however, you could think about the following:

1. Register yourself as the father on the birth certificate: enquire with the NSW Births, Deaths and Marriages to see if this is possible Are you certain you are the biological father? Do you have any information about the birth of the child? (e.g. hospital of birth, mother's family members whom you can contact, date of birth, name etc.)

2. Apply for a child recovery order: the first step would be to apply for a child recovery order from the Family Court of Australia. If you are unclear where the child is, you may also apply for a "location order" which obliges government bodies and other organisations to disclose otherwise confidential information to you concerning your child in order to locate your child. The difficulty is getting this recognised and enforced in China if the mother has already taken the child away. This recognition and enforcement process is governed by Chinese law and you will need to locate the province the mother/child is in, and most likely engage a Chinese foreign lawyer to assist you in this area.

3. If the child is still in Australia:if you are worried about your child being taken out of Australia, you can apply to the Family Court of Australia to: (i) prevent the issuance of a passport for the child; (ii) the mother to deliver the passport to the court if there is already one issued; or (iii) flight freezes to prevent the child from flying overseas.

 

[bfrascino]

Thanks a lot Tracy, you have clarified a lot of things! I think applying for Child Recovery Order should be the way. I will try that.

Thanks again!!

 

[Tracy B]

Glad to have helped. I hope you locate your child and wish you all the best in reconciling with your child and the mother.