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John Melis
John Melis,
Category: Australia Law
Satisfied Customers: 547
Experience:  Principal Lawyer at Legal AU Pty Ltd
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My wife is Australian and my son is Saudi she went for

Customer Question

Hello
JA: Hello. How can we help?
Customer: My wife is Australian and my son is Saudi she went for holidays and I paid all expenses but suddenly she decided not to comeback and cut all communication what can i do
JA: What state are you in? It matters because laws vary by location.
Customer: She is in Sydney and am overseas in Saudi Arabia
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have my daughter with me she left her too
Submitted: 3 months ago.
Category: Australia Law
Expert:  John Melis replied 3 months ago.

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

Expert:  John Melis replied 3 months ago.

Dear customer, from your post comments, you have said that you are in Saudi Arabia, and your son os Saudi (not and Australian Citizen?) and your wife is in Australia with your son.

If your child holds Australian citizenship, your wife has a legal right to withhold the child in Australia. If your child is not an Australian citizen and only Saudi, then in this case, you may raise an order in the Family Court of Australia for the return of your Child, as the Child is a Saudi Citizen.

Abduction of a child involves complex issues. Where a child is missing, it may be necessary to seek urgent orders to locate and recover the child. These orders are dealt with under Pt VII Div 8 Subdiv C of the Family Law Act 1975 (Cth) and Pt 21.3 of the Family Law Rules 2004 (Cth). It is pivotal to note that a location order cannot be sought on its own and must be accompanied by associated orders to invoke the Court's jurisdiction. A location order requires a person to disclose location information which a person has, or acquires, at any time while the order is in force. Both location orders and Commonwealth Information Orders remain in force for 12 months or for any other period specified by the court.

The court has broad powers to order the return of a child to a specified person. The order can authorise appropriate persons to find and return the child with such assistance as may be required, and if necessary by force. It can also make directions about the day to day care of the child, until he/she is returned. The Family Court of Australia, the Federal Circuit Court of Australia, the Family Court of Western Australia or a Local Court exercising jurisdiction under the Family Law Act 1975 can issue such an order.

Kind regards *****

Customer: replied 3 months ago.
Ok
What about if my wife has affairs with another man what will be the situation
Expert:  John Melis replied 3 months ago.

Dear customer, under Australian law that will have no baring on the parenting of the child, if there is no danger to the child and the child's best interest is still protected.

Kind regards *****

Customer: replied 3 months ago.
I can raise case if such affairs against her wnd what would be the judge?
Expert:  John Melis replied 3 months ago.

Dear customer, the way to deal with your matter, especially for your child, would be to commence proceedings in the Family Court. If your child is an Australian citizen, through the Family Court you will be able to arrange parenting orders.

However, your wife may also apply for orders which would restrict your son leaving Australia if he is an Australian citizen.

Kind regards

John Melis

Expert:  John Melis replied 2 months ago.

Dear customer, if you would like to discuss this matter further, I welcome you to request telephone services.

Don’t forget to rate my service.

Kind regards

John Melis