Family Court - Get a Court Order to Emigrate with Child?

[Gracy]

Hello,

I am a mother of an 8-year-old son and I have been separated for 3 years now. My divorce case is in family court on the grounds of domestic violence and the custody of children case was in my favour while my ex got the visitation rights.

The family court agreed for my appeal for a stay order which is imposed on the visitation rights as well as my son did not agree to go with him when he met his father previously and also my son got mentally upset. The stay is still on as my ex did not appeal further to cancel.

I am looking to emigrate to Australia by getting a Permanent Residency for me and my son. If my ex does not agree for me to take my son, then under what grounds can I get a court order?

My ex never got involved in any of the expenses towards the child till now. I am working and independently managing all expenses.

Please suggest.

Regards,

 

[Victoria S]

Hi there,

Are your family court proceedings happening in Australia or in another country?

 

[Gracy]

Hi,

I hold an Indian passport. My legal proceedings are happening in India. Now my divorce has reached my ex partner since he did not appear in the court. I am hoping to get a divorce decree on my ex, which I will know on my next trial in family court.

Till now he has not revoked or even made an effort to cancel the order on visitation rights that was imposed against him to avoid him from visiting his son. Till now things are going in my favour.

I really need help on my previous query. As per my lawyer, the only way to emigrate with my son to Australia without his consent is through a court order. I would like to know your suggestions to my query.

Best regards