divorce from overseas from australian court

This is a discussion on divorce from overseas from australian court within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Iam permanent resident to Australia and so is my 3yr daughter and husband, as soon as i came to Australia ...

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Old Sep 11th, 2011, 01:46 AM   #1
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Default divorce from overseas from australian court

Iam permanent resident to Australia and so is my 3yr daughter and husband, as soon as i came to Australia my husband and i sepaprated on family violence orders due my husbands abusive behaviour in jun2010. My husband tried to arrange mediation to meet my daughter but because of inetervention order mediation was disposed.shortly after that i left back to my home country pakistan with my daughter.

Now it has been around 10 months coming back to pakistan and i want to file a divorce in Australia ie 15months separation now. If i file divorce in australia will it be granted within 3 months irrespective without return of my daughter to Australia becoz my husband is doing nothing further asking for return from pakistan.My daughter,husband and me all paks citizens. Plz help me for advicing over my divorce in australia without my child asked to be returned as i want to remarry soon.
If granted divorce what can be conditions put to me arising my daughters return. Iam permanent resident to Australia and so is my 3yr daughter and husband, as soon as i came to Australia my husband and i sepaprated on family violence orders due my husbands abusive behaviour in jun2010. My husband tried to arrange mediation to meet my daughter but because of inetervention order mediation was disposed.shortly after that i left back to my home country pakistan with my daughter.

Now it has been around 10 months coming back to pakistan and i want to file a divorce in Australia ie 15months separation now. If i file divorce in australia will it be granted within 3 months irrespective without return of my daughter to Australia becoz my husband is doing nothing further asking for return from pakistan.My daughter,husband and me all paks citizens. Plz help me for advicing over my divorce in australia without my child asked to be returned as i want to remarry soon.
If granted divorce what can be conditions put to me arising my daughters return.
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Old Sep 11th, 2011, 02:28 AM   #2
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Default Re: divorce from overseas from australian court

I wish to inform you that conditions of your daughter's return will depend upon child custody arguments. In Australia, a parent can relocate with child only with the consent of other parent or with court consent. If you have relocated with consent then your child may not go back to Australia but if consent was not taken then child may be required to go back. Further, you may file for judicial divorce in Pakistan and remarry.

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Old Sep 11th, 2011, 06:20 AM   #3
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Default Re: divorce from overseas from australian court

You need to seek advice from an attorney so that should you divorce and gain a custody decree in Pakistan it will be honored in Australia. Australia may or may not recognize a Pakistan decree, especially if made under the circumstances you set out. That is my biggest concern. You need to contact an Australian family law attorney who may be able to handle the matter for you without requiring you return to Australia.
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