Marq

My wife and I are moving to Melbourne soon, from the UK. I have a teenaged child from a previous relationship and am having issues dealing with support and custody. I would like to know what my parental rights and options are once I move to Australia.

Is it possible to revisit custody and support arrangements from Australia? Does anyone know of a reputable lawyer in the Melbourne area who might be able to help? Any other advice? Thanks!

msmyrtle

I'm not a lawyer/ have children, but I am reasonably sure the applicable law would be where the child is normally resident. So if your child is still living in the UK, you would be subject to the court system there.

scot47

Australian court has no jurisdiction.

Pulaski

Your parental responsibilities don't change when you leave the country, neither in theory do your rights, but your rights are limited in practice by the geographic separation and the fact that your child cannot leave the UK without the permission of the child's mother.

As MsMyrtle advised above, the courts in the country where your child lives have jurisdiction, and that doesn't change just because you leave the country.

If you want legal advice I would make contact with a solicitor in the UK because that is where any and all legal matters pertaining to your child will be settled.

Marq

Thanks for all your answers so far - this is very helpful. FYI - my child lives with his mother in France. I knew that within the EU that French child support and custody decisions apply within the UK, but wasn't sure if it was the same outside of the EU.

One more question: Even if Australian courts have no jurisdiction, do you know if am I able to deduct child support payments from my Australian taxes even if they are imposed by a foreign court?

Kim67

I hope so! Go to the Human Services website and look up Child Support.


https://www.humanservices.gov.au/cus...-live-overseas

goldchoccycoin

Off topic question (sorry OP);

Are child support payments tax free in the UK? That seems odd. Why would payments to support your child/children be tax free if you're separated but if you're married your 'child support' money is taxed? Is that just to encourage people to pay it?

They are not tax deductable in Australia (Tax And Child Support - Tax - Australia).

Pulaski

The principle being applied is that "income is only taxed once", and making it tax deductible for the paying parent has the effect of passing it gross to the custodial parent, who then has to pay tax on it.