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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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Child is born outside of Australia to a national from

Customer Question

child is born outside of Australia to a national from Indonesia what are the legal obligations for the Australian father to care for that child? i am in a position where I am being asked to send money or go to this country to marry this girl and my refusal will mean her family will "make problems". There is a moral obligation that is separate to this and can be dealt with separately but I am basically being threatened and would like to know where I stand as cannot find anyone to give me legislative support.
I am not adverse to supporting financially if this child is actually mine but I need to know where I stand as I feel like I may be a part of some extortion situation.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Patrick H. replied 6 months ago.

Hello and thank you for your question.

Under Australian law you are obliged to pay child support to the other parent of a child residing outside Australia only if the child is residing in a country that has signed up to reciprocal arrangements. The following link on the Department of Human Services website lists the reciprocating jurisdictions, and as you will see Indonesia is not included:

https://www.humanservices.gov.au/customer/enablers/reciprocating-jurisdictions-and-residency-child-support

What this means is that the mother based in Indonesia has no rights under Australian law to pursue you for child support.

However, they may still obtain court orders or similar in Indonesia, and whilst they cannot enforce such in Australia, if you have assets in Indonesia they could perhaps claim them (though I can only advise you on what is possible in Australia so you would need to speak to an Indonesian lawyer about that, if you have assets in Indonesia).

I trust the above assists.

Good luck and please rate my answer.

Patrick