Donate Child Support Calculator
Skip navigation

International Relocation

Add Topic

International relocation is it possible

Hi there. Can someone suggest me the options Ive got please.

I had a baby 12 weeks ago and my husband has walked away when the baby was 4 weeks old. He is been very abusive through out our relationship, very controlling and i need to ask his permission for everything even to wash my hair, get a pair of undies…. throughout my pregnancy he has been verbally, emotionally and physically abusive towards me. I never reported to any officials as I desperately wanted to save the relationship.

There was an intervention order in place issued when he physically abused me and he will ring the police himself, after witnessing the bruises, they took order against him to protect me. I knew it will worsen our relationship, despite i pleaded the duty lawyer at the court, the order was issued to protect. Things got worse after the order. He became really worse, threatening me he will break the relationship, if i didnt revoke the order.

He left me three weeks after ii begged him to come he came home placing demands. he is dictator. He always would say that female are born to serve their husband, they should have fear for their husband etc. I think he wanted to end the relationship but stayed until the baby was born as he wanted to get his permanent residency based on the fact baby born here in australia, and also he will be granted his PR if he has equal shared responsibility for the baby, access to the baby and if he is the victim of DV. So he has framed false allegations against me.

He left me when the baby was 4 weeks old abused me and left, i went behind him begging him, apologizing (every time to make him happy) to return home and i will obey all his orders and give all my pay, sell my car. (These were the other conditions he demanded me).

FYI, our marriage is an arranged marriage, married for 1 1/2 years baby is 12 weeks old now, until now he has not spent a single cent on baby, he never bought a singlet for the baby until now. Since he left home, he never made attempts to see the baby, he has said in this affidavit that he needs legal permission to do so. Also he has mentioned that I was abusing him physically, verbally and was threatening that i would report him to the police which i swear on god i never did. i am so frightened of his allegations.

I stayed and worked hard to make the marriage work as it is great dishonor to our family, if a girl is separated or divorced. With the cultural expectations, i need to stick to him. Also once he left me, I developed courage and went and gave statement to police where another IO was served against him, because i thought of protect him anymore. Even after giving statement,  I thought of withdrawing the complaint, but cannot to do.

He always had said that he knows how to take revenge on me and know what to do, i am really scared of him having visits as he is a man consumed of vengeance and anger. I am planning to request for sole custody and relocation to my birth place with baby. (Pls note too is from same nationality) I don't have any family here. All our family are in overseas, baby is born in Australia. Myself and baby are Australian citizens, my husband is on spouse visa. I guess my marriage is of convenience.

Sorry if there is any grammatical, spelling mistakes. please suggest me how likely i will be able to succeed in this case.

Many Thanks.
Guest said
…..
 throughout my pregnancy he has been verbally, emotionally and physically abusive towards me. I never reported to any officials as i desperately wanted to save the relationship. there was an intervention order in place issued when he physically abused me and he will ring the police himself, after witnessing the bruises, they took order against him to protect me.
So there is an AVO in place given by a local magistrates court. Does that prohibit him from having contact with you ? or does it say not to assault or molest you only?
Guest said
…..

I knew it will worsen our relationship, despite i pleaded the duty lawyer at the court, the order was issued to protect. things got worse after the order.

He became really worse, threatening me he will break the relationship, if i didnt revoke the order.
That matter would have been out of your hands once the Police bring the matter to court then the Police decide what is to happen. Why would you want to revoke an order like this that is there to protect you from violence?
Guest said
……. i think he wanted to end the relationship but stayed until the baby was born as he wanted to get his permanent residency based on the fact baby born here in Australia, and also he will be granted his PR if he has equal shared responsibility for the baby, access to the baby and if he is the victim of DV.
How is HE the victim of DV? Didn't you say YOU were assaulted and the Police have taken and AVO out on him NOT you. Just because he and you have a child here does not mean Australian Citizenship is certain. What is VERY certain is the child is an Australian Citizen by birth. I assume that YOU are an Australian Citizen
Guest said
….

So he has framed false allegations against me. He left me when the baby was 4 weeks old abused me and left, i went behind him begging him, apologizing (every time to make him happy) to return home and i will obey all his orders and give all my pay, sell my car . (these were the other conditions he demanded me)
You don't need to beg to any one. You have an order in place that he must obey. If he doesn't obey you simply contact the Police and let them deal with it. It is not something you need to worry about. Worry about the important things like the baby.
Guest said
…….
Since he left home, he never made attempts to see the baby, he has said in this affidavit that he needs legal permission to do so. Also he has mentioned that i was abusing him physically, verbally and was threatening that i would report him to the police which i swear on god i never did.
So what court are you in now with these allegations. He can make as many allegations as he likes but YOU are teh one who has an AVO protection order. That is how I read this.
Guest said
…. i am so frightened of his allegations. I stayed and worked hard to make the marriage work as it is great dishonor to our family, if a girl is separated or divorced. With the cultural expectations, i need to stick to him.

Also once he left me, i developed courage and went and gave statement to police where another IO was served against him, because i thought of protect him anymore. Even after giving statement ,  i thought of withdrawing the complaint, but cannot to do.
So you say in the first part of your post he has an AVO Now he has a second? Is that correct?
Guest said
….he always had said that he knows how to take revenge on me and know what to do, i am really scared of him having visits as he is a man consumed of vengeance and anger. I am planning to request for sole custody and relocation to my birth place with baby. (Pls note too is from same nationality) I dont ve any family here. All our family are in overseas, baby is born in Australia. Myself and baby are Australian citizens, my husband is on spouse visa. I guess my marriage is of convenience.

Sorry if there is any grammatical, spelling mistakes. please suggest me how likely i will be able to succeed in this case. Many Thanks,
What court are you planning to request sole custody and relocation overseas in? I suggest you contact your local legal aid branch. I also suggest you contact your local Family Relationship Centre to see if they can assist in any pre court mediation IF there is going to be any. You may be able to bypass that anyway. It seems a case here that will require some interpretor assistance to get to the bottom of what is actually going on. There is nothing to stop you going anywhere now except a Passport. There must be a lot more detail to this but you need to speak to your local Police liaison officer, legal aid, and Family Relationship centres as well as get support from other groups. Do you have any women friends who you can talk to about what steps you might take? Not having family here makes it difficult and a lonely place for you if you were brought here for an arranged marriage? If you came here as an arranged Marriage, where are you now living? In the fathers house or residence?

As a  last comment because we cannot resolve all of these issues here.

But take great care to understand that under Australian Law the child has a fundamental right to know his/her father. Even though you are not getting along the Family Law Act is clear and in the main describes issues around the the child's best interests. The problems you will also face, depending on where you are from, will be that the court will consider if returning to that place is in the best interests of the child. Not the best interests of the mother or of the father. The child is an Australian Citizen and therefore enjoys now, special rights and privileges that accompany that citizenship. One of those is that the child is now protected under Australian laws and not any other laws that may govern ownership of spouse or children. You also, if an Australian Citizen, will be protected by Australian Laws. (I am not sure if you are an Australian Citizen or not) and you may well not be. That raises an issue that if your husband is not an Australian Citizen in the first place how did you get here on a spouse visa?

The child won't be going anywhere either until you have a passport. That will have to be negotiated with the husband or orders made by a court.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
1 guest and 0 members have just viewed this.

Recent Tweets