NEED URGENT HELP REGARDING CHILD CUSTODY!!

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Mehak Zahra

Member
3 August 2018
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Hello,
My name is mehak and I'm from Pakistan. I'm a Pakistani national. In 2013, I got married to a guy in Pakistan, who was born in Pakistan but spend 8 years in Wollongong, Australia. He is an Australian citizen and has an Australian passport. Since my marriage to him, he had no job in Pakistan. Honestly, he had no will to work as well. I lived with his parents and his father was the sole earner of the family. I was not working either. In late 2014, he applied for my spouse visa with the intention that we will move to Australia. During this time, my parents gave me pocket money for my personal expenditures. My spouse visa was in process and I got pregnant in summers of 2015. I couldn't get my medical tests for the spouse visa completed because my doctor advised waiting till after my delivery. I spend my entire pregnancy at my parents' house and they paid for every single doctor visit and ultrasound. I should tell you that these things are not cheap in Pakistan. In February 2016, I gave birth to a baby boy. My father paid for the entire delivery process including the room in the hospital and all the medicines etc needed for my baby and me as it was a c-section. My husband used to come and go as a visitor. He did not even stay a night at the hospital. My sister and brother did. After being discharged from the hospital, I went back to my parents' house for the initial 40 days as is the tradition in Pakistan. Throughout those 40 days, my husband came to see his son just 2 or max 3 times. In mid-April, I went back to my inlaws house. Since the day I arrived there, my mother-in-law and husband behaved weirdly with me. And then, started the period of mental and physical abuse by my husband. He would fight on the most stupid things and then would slap me or hit me in anger. Whenever he slapped or hit me or raised his voice, my few months old son would cry and would get scared. Even this would not stop him. he would involve his parents in every fight who would obviously take their son's side. When eventually I involved my parents, as it was an arranged marriage, my husband became more abusive and angry. He would threaten me that he would take my son from me and kick me out of the house. Multiple times, he tried to drag me out of the house while my son screamed and cried with fear. Multiple times he threatened me that he would divorce me, take my son and move back to Australia and get married there again. In December 2016, I got separated from my husband. Although it was never my intention, it all happened by chance. From December 2016 till January 2018, he made no contact with his son. He never messages or called me to meet his son. He did not pay a single penny for his son's welfare throughout this time. He did not even see his son throughout this time. I never stopped him, I never refused to let him see his son as he never made contact. I never asked for money for my son. I started working a home based job and can earn enough to fulfill basic needs. Rest, my father supports me and my son financially and morally. My son does not know what a father is. He is happy, healthy and the most friendliest and creative kid ever. Now I will come to the point. After my delivery and after my medical for spouse visa, I was supposed to travel to Australia in August 2016. However, my husband kept insisting that it is not possible as our baby was very young. Although my mother could look after him for that period, my husband refused to go to Australua for my spoude visa confirmation. Eventually, my spouse visa expired in April 2017 because I got not go. The other reason that I could not go was because my passport and ID card were with my husband. After my son's birth, my husband applied for his citizenship by descent. My son got the citizenship certificate and not the passport. In 2017 when I contacted the Australian embassy for my son's citizenship certificate as I wanted to got abroad for vacations, they told me many ways to get it. One of which was that I should get full custody of my son from Austrlian family court. In march 2018 when myhusband came to see his son, he threatened me that he will get custody of my son from Australian family court. My question is that is it possible? Since my son is in Pakistan and has never travelled to Australia? If I want to get his full custody from Australian family court, how can I get it? What can I do to get hmy son's Australian citizenship certificate and passport? If I eventually get divorced from my husband and want to settle in Australia with my son who is 2 years old, is it possible for me? Would there be any benefits for my son in Australia? I would be really, really grateful if someone can answer my questions. Thanks a lot.