Legal Question in Family Law in Australia
custody
im a new zealander living in perth australia,i came here with my ex partner and two children,its had been years of domestic violence it continued when we arrived here i was with him for 12 years.i then told him it was over and then he tried to take my daughters passport and her back to nz without me knowing lucky i got a federal alert and he was stopped.we have been to court here because i have already been granted custody in nz for the last 8 years i found out it was still valid even if we did get back togeather,it also stated no access to my daughter and he never disputed it he suffers from biopolar but wont take the medication,now the perth court gave me custody here but he has the right to decide where he sees her perth or nz,since the orders he has harrassed me via text message saying im breaching this and that and now i have to send my daughter back to nz for 6 weeks holiday as the court has given him the power now to make up his mind where he sees her,his compulsive lieing is becoming a real problem,and im concerned for my daughters emontional wellbeing while she is visiting himi need to no if my nz custody would overide my australian one seem i have had it for so long im concerned for my daughter he wont send her back
1 Answer from Attorneys
Re: custody
There is a thing called the Hague Convention. It is an international convention. Both Australia and New Zealand are signatories. It means if he fails to send her back the NZ authorities will collect her for you and send her back.