Help - Possible Custody Dispute, Advice Please

Yes, and you better also consult your lawyer about defending you for passport fraud. Going to be pretty hard to take care of that child when you are in jail. Maybe Oz doesn't take passport fraud as seriously as the US does? All she has to do to "screw you" is go to the Embassy and show the original passport.

Larry

 

First of all it's not passport fraud. It's the same person and there is no name changes. To replace a passport is not fraud even if the wife has the original. This is really not a big deal and the Embassy has better things to do than waste their time on things like this. There is no court order in place on either parent for custody so it's fair game as far as I can see it. You forget that this guy is still the legal parent of this child and has the legal right to replace his childs passport as long as he pays the passport fees. There are many overseas workers that get their passport withheld by their employers because of a work contracts.

Sometimes people are forced to replace their passport because they don't have access to them, but that does not mean it's fraud to have it replaced. A passport is a persons and governments piece of property and if you are being denied your property then you have the right to have it replaced. There has to be clear intent to commit fraud and I don't see none here. If there was a court order and the wife had custody then there might be a case. I will tell you this for what it's worth, if this was my kid and I knew he/she was safe in my home country and I had to do time in jail over a stupid passport fraud case, I wouldn't blink an eye to do it again and again to save my kids well being knowing my child is safe and in a secure place. Remember that Austraila will protect the best interest of their own citizens first.

 

Hey fordtech, where are you? It would be nice to hear back from you to know find out what you decided to do if you have not done it already? Since you brought this hot topic up, it has become a popular dispute here in our forum. Lets hear from you again?

 

Didn't have all the details but, I was in the U.S. consulate in Cebu a few years ago, there was a Filipina in tears claiming that her husband took their child to the U.S. without permission. A few minutes later I overheard there was a nation wide U.S. arrest warrant issued for the father.
Ron

 

To claim a passport is lost when it is not, is fraud. Perhaps you can have someone translate this into whatever language you understand, taken from the Australian embassy website;

"making or giving false statements in a passport application
presenting false or misleading documents in a passport application
improper use or possession of an Australian passport
selling, damaging, altering or dishonestly obtaining an Australian passport
failure to report a lost or stolen Australian passport.

Passport fraud may include such things as:

forging the signature of a guarantor, witness or another person who has parental responsibility for a minor"

You are talking about a child who is also a Philippine citizen, in the Philippines. Who do you suppose has jurisdiction? If the child is under 7 years old, the child is by default under the custody of the Mother by Philippine law, no court hearing needed.

As I understand it nobody that matters will ever likely read this thread anyway, you are welcome to commit fraud as you see fit. I'm done arguing with people who cannot read.

Larry.

 

I look at it and I see a simple way just as Steve does. His son is an Australian Citizen and as such does not have access to his Passport. The Passport is property of the government to be for the bearer's use only and withholding it is a crime.

I also see the need to talk to your kid especially depending on age. Taking an infant or toddler from the mother will be re-acted far differently then an older child especially a teenager. Not sure how old your kid is but if old enough ask your kid what they want as well. If you can explain the situation and your kid wants to leave the mother and wants to go to Australia and is mentally competant to make such a decision (courts usually rule on an age 9+ having some say).

In the end it comes down to who rings the authority bell first. Your wife grabbed your kid and ran. She has been making threats to harm you and your fearful for your sons safety as well and as he's an Citizen of Australia he has protections there.

It comes down to the moment you touch down in Australia going directly to the police preferably with a lawyer you call to meet you and you make a report and also do so with Immigration possibly as well. Helps to make sure you show you are fearful for your safety and that of your kid.

 

as soon he gets the kid and the wife makes one call to the immigration, he certainly would never enter the aircraft as he tries to kidnap a Philippine citizen from the Philippines and that's simply how it will be seen here, no matter what the "Alien" tries to explain in Australia.

 

I tend to agree. If the child is of age enough to make a decision he should be in on the decision. Take the child to the embassy and apply for a passport. Explain the situation as it is, and if the embassy issues a new passport, maybe you can then get the child on a plane and get out of here. If so, you are home free. If you get caught by the Philippine authorities, you may find yourself in deep sh*t.

However, under Australian law lying on a passport application is passport fraud. Forging the signature of the Mother to get a new passport is passport fraud, as well there may be other charges punishable by up to 10 years in prison each.

Larry

 

My buddy has hired a lawyer here in Angeles that specializes in family law. He is a Aussie but says its a nasty case and will do his best. I will keep updates to what happens. I guess the ex is trying to get trumped up charges against my buddy but she has no proof.

 

Good luck, with your antagonistic task. Hope you are successful!