Spouse Visa - Will Custody be Under Australian Family Law?

[Tezzer220]

Hi,

My Thai ex-partner gave birth to our son on January 15th. I am a British citizen.

At the time of the birth, I thought that we were going to get married etc. However, 10th March she married an Australian and they are applying for the spouse visa so she can move there.

Once she is in Australia on her visa, does that mean that my rights over my son will come under Australian family law or still be governed by Thai law? And would that change if she got the permanent residency?

 

[Lance]

Hi Tezzer,

My understanding is that once the child is residing in Australia, you would have to work through Australian legislation. So it would be best to try to stop the move to Australia until a shared parenting arrangement was sorted through the Thai courts so that you could use it to support any action you might need to take in Australia.

 

[Tezzer220]

Hi Tezzer,
My understanding is that once the child is residing in Australia you would have to work through Australian legislation. So it would be best to try to stop the move to Australia until a shared parenting arrangement was sorted through the Thai courts so that you could use it to support any action you might need to take in Australia.

Hi thanks for that.

I think actually it may be better when she is in Australia. By Thai law at the moment I have no rights until we can sign the legalisation of parenthood documents which can not be done until our son is 7 years old.

With the Australian legislation I may have more rights now. plus I have the DNA results to prove he is mine and also can prove that I have been supporting my son. Also I have conversations saved where I can prove her marriage to the Australian is a sham marriage just so she can get a visa.