Legal Question in Family Law in Australia

custody

My children and i moved to Usa from Australia we are all Australian as well as their father.my children have lived with me since their father and i seperated(we never married).We never had a legal custody agreement, i now wish to get custody of my childrea-ages 16, 15, 13 and 11.I have supported my children both finacially and emotionally with no child support from there father ,he hasnt worked in over 10 years not through any disability.My children have said they do not wish to go to their father as he doesnt work, drinks and lives in a disreputable trailer park.

When we left Australia he signed their passports for them to go overseas and now is harrassing my family members back in Australia.

What steps can we take to gain legal custody,the children are settled in Usa and going to school??

Thankyou


Asked on 1/29/02, 7:45 pm

3 Answers from Attorneys
Michael Lipshutz Cohen Woolf & Weinberg

Re: custody

You have not said how long you have been in the USA. On the assumption that you have been there for some time and are all well settled there, you can make application in the USA. We do not see that application need be made in Australia unless you are not permanent in the usa.

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Answered on 1/29/02, 8:04 pm
Raymond Tan Tan and Tan

Re: custody

You do not need to file your application for custody in Aus.

It is best to lodge an application in the USA if you have been resident there for sufficient time.

Fight your battle on home turf.

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Answered on 2/04/02, 10:11 pm
Philip Owens Philip M. Owens, Attorney at Law

Re: custody

You can certainly seek custody here. There is more here than can be covered with a short answer and your particular situation needs to be reviewed so that a helpful plan can be devised. Seek the services of an attorney for this.

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Answered on 1/30/02, 7:44 am


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