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English Orders dismissed by Australian Court

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Expat John
Posted by
New Member

06 May 09 #113866 by Expat John

Topic started by Expat John

Can anyone assist? I'm stuggling emotionally and financially to continue the fight to maintain contact with my children.

Long story short: My family and I emigrated to Australia for a new start in 2004, but it didn't work out. My ex wife returned to England 4 years ago with our 2 children (now 9 & 6). Ever since I've been fighting for contact with them. In 2007 I returned to England and the High Court issued orders by consent stating that my children were to visit me twice a year in Australia and that the mother could remain in England and she would be the primary carer. As Australia does not "recognise" English Orders, the English orders stipulated that similar orders should be filed in Australia. But in Jan 09 as part of the property settlement in Australia, the Federal Magistrate ordered that all previous orders be dismissed and his own order included one of the two visits should be in England. Can the Australian Federal Magistrate over-rule / dismiss an English Order.

As you can imagine, this has been an extremely nasty legal proceeding for over 4 years. I am happy to share my experience in more detail if it will help others. But for now, as I have appealled the Federal Magistrate's decision the wrath of the Australian judicial system is bearing down on me and I cannot afford legal representation, can anyone offer any advice?

Elle
User is blocked

09 May 09 #114910 by Elle

Reply from Elle

John,

I am bumping this up in the hope that someone may have the answer/direction to where you will find some answers/help.

Elle x

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