Legal Question in Family Law in Australia
Hague Convention
I have moved to thailand with my wife my son 7months and daughter 2and a half years old.I have moved here in the event that the hague convention applies to me.A man claiming to be my daughters father has been harassing us through his rights according to the australian court system.It was getting to the stage that we were afraid he might actually get visits even after a D.N.A test was done excluding him as the father. My question is, if we decide to go and live in Malta can he force us to go back to australia whether he has been declaired the father or not.
1 Answer from Attorneys
Re: Hague Convention
I refer to your email enquiry.
I do not believe Thailand or Malta are signatories to the Hauge Convention so this would not apply.
If the alleged Father of your daughter proves himself as either the natural father or someone concerned with the welfare of your daughter, then he would be able to make an application to the Australian Family Court and obtain Orders.
What effect those Orders could have upon yourself and your family in Malta?
I would suggest you get some specific advice from a family lawyer in Malta as whether the Australian Orders could be registered in that country and enforced, and further advice about whether the alleged father could institute proceedings in Malta and what type of Orders he could obtain that that country.
Obviously, if you ever entered Australia then any Orders that were made here could be enforced against you.
If you require any more specific advice, please do not hesitate to contact me. I advise my charge out rate is $220.00 per hour (Australian dollars).
Yours faithfully,
Brett Hartley
Principal
Hartley Family Law Services
Accredited Family Law Specialist
Level 15, Brisbane Club Tower, 241 Adelaide Street, BRISBANE QLD Australia 4000
GPO Box 678 BRISBANE QLD 4001
Email: [email protected]
Web site: www.hartleyfamilylaw.com.au
Phone: +61 7 3220 1299
Fax: +61 7 3220 1277
Mobile: 0417 569 211
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