child at risk

All issues that are not covered by the following legal forums may be posted here.
Forum rules
While the moderators are happy to help point people in the right direction for legal assistance and to attempt to keep these forums civil and tidy, please bear in mind that an Internet forum is not the place for providing or receiving legal advice or for the creation of any attorney-client privileges or obligations. Also keep in mind that Forumosa and the moderators cannot conduct comprehensive reviews of all laws or legal concepts referenced or discussed within these forums – laws and regulations are updated and amended, interpretations do change, and sometimes the legal landscape can change very fast. Forumosa provides these legal forums for general informational purposes only. By using these legal forums, you agree that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and any other posters on these forums. DO NOT CONSIDER THE FORUMS TO BE A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A QUALIFIED LICENSED ATTORNEY.

Re: child at risk

Postby Isha » 07 Feb 2012, 17:42

sawman1972 wrote:This is all very good advice.
Its just hard. I told her I would try and work it out. But then to ever disallow her to ever take her daughter to Taiwan even with me makes the marriage have 0 trust. I should just end it. But I want so bad for us to work things out. Atleast our daughters sake.


Not forever, just wait until your daughter is 18 :cool:
Isha
Newspaper Copyeditor (bàoshè biānjí)
Newspaper Copyeditor (bàoshè biānjí)
 
Posts: 493
Joined: 11 Aug 2010, 17:54
22 Recommends(s)
7 Recognized(s)

6000

Re: child at risk

Postby Mucha Man » 07 Feb 2012, 19:16

Here's a page on Australian family law regarding travelling with children. Read and then find a lawyer to find out how you can prevent your child from leaving the country without your permission.

Alerts

Where a child does not have an Australian passport, and there is concern that the other parent may attempt to obtain a passport without the other parents consent, a ‘Child Alert Request’ can be made to the Department of Foreign Affairs and Trade.

The Alert does not guarantee that the passport will not be issued. However, if any application for a passport is made in the child’s name, the Department can notify the other parent. An Alert Request remains valid for 12 months.

In circumstances where a child already has an Australian Passport, and there is concern that they may be removed from Australia without the other parent’s consent, it is possible to have a ‘PACE Alert’ registered with the Australian Federal Police, provided there is an order of the Family or Federal Magistrates Courts in respect of the living arrangements of the children.

The PACE Alert will enable the Australian Federal Police to register the child’s details on an Airport Watch List at all international departure points within Australia and prevent the child from departing Australia.


http://www.australianfamilylaw.com.au/p ... _Children/
“Everywhere else in the world is also really old” said Prof. Liu, a renowned historian at Beijing University. “We always learn that China has 5000 years of cultural heritage, and that therefore we are very special. It appears that other places also have some of this heritage stuff. And are also old. Like, really old.”

http://hikingintaiwan.blogspot.com/
Forumosan avatar
Mucha Man
Guan Yin (Guānyīn)
 
Posts: 17835
Joined: 01 Nov 2001, 17:01
Location: Mucha, of course
637 Recognized(s)

6000

Re: child at risk

Postby Satellite TV » 08 Feb 2012, 12:03

sawman1972 wrote:This is all very good advice. Its just hard. I told her I would try and work it out. But then to ever disallow her to ever take her daughter to Taiwan even with me makes the marriage have 0 trust. I should just end it. But I want so bad for us to work things out. Atleast our daughters sake.


Go to court and have your child put on a ban for leaving Australia. There is nothing the Australian Government can do once your child has already left Australia.

I am not sure if you can have her Australian passport revoked you would need to contact DFAT Passports office about that.

As MM Wrote a PACE order can only be used with a court order.
It's such a pleasure living in a world where everyone is in such a hurry to be outraged over someone else’s trivial comments
Forumosan avatar
Satellite TV
Entering Second Childhood (èrdù tóngnián qī)
Entering Second Childhood (èrdù tóngnián qī)
 
Posts: 7089
Joined: 18 Jun 2004, 11:10
27 Recommends(s)
38 Recognized(s)

6000

Re: child at risk

Postby Satellite TV » 08 Feb 2012, 12:04

Isha wrote:
sawman1972 wrote:This is all very good advice.
Its just hard. I told her I would try and work it out. But then to ever disallow her to ever take her daughter to Taiwan even with me makes the marriage have 0 trust. I should just end it. But I want so bad for us to work things out. Atleast our daughters sake.


Not forever, just wait until your daughter is 18 :cool:



Not in Taiwan it's 20.
It's such a pleasure living in a world where everyone is in such a hurry to be outraged over someone else’s trivial comments
Forumosan avatar
Satellite TV
Entering Second Childhood (èrdù tóngnián qī)
Entering Second Childhood (èrdù tóngnián qī)
 
Posts: 7089
Joined: 18 Jun 2004, 11:10
27 Recommends(s)
38 Recognized(s)

6000

Re: child at risk

Postby EigerMarcus » 08 Feb 2012, 16:07

You should speak to a lawyer in Australia as suggested here. You can then make more of an informed decision on how to proceed. Taiwan is not a signatory to many international agreements and it is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. I also do not believe that Australia and Taiwan have a bilateral agreement. Some of the media articles posted in the thread highlight some of the challenges foreign parents have faced.
EigerMarcus
Memorized My Password (gāng jìhǎo zìjǐ de mìmǎ)
 
Posts: 48
Joined: 22 Mar 2011, 17:36
1 Recognized(s)

6000

Re: child at risk

Postby sawman1972 » 08 Feb 2012, 16:42

yes, after reading it seems too much a risk to ever let her go even with me present. I guess the marriage is over. I did my best. I am in the proccess of putting my daughter on a watch list. How long dies it take for a passport to be issued? If she says she lost the originals.
sawman1972
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
 
Posts: 4
ORIGINAL POSTER
Joined: 06 Feb 2012, 10:09

6000

Re: child at risk

Postby Satellite TV » 08 Feb 2012, 18:11

sawman1972 wrote:yes, after reading it seems too much a risk to ever let her go even with me present. I guess the marriage is over. I did my best. I am in the proccess of putting my daughter on a watch list. How long dies it take for a passport to be issued? If she says she lost the originals.


She's probably lying about losing the passports. She cannot get them without your signature as both parents must sign.

So you can notify DFAT that you will no sign for another passport for your daughter. You would need to know your daughters Chinese name and ID card number ( if she has one ) and other aliases not sure if you can notify TECO that you would not sign for a Taiwan passport.
It's such a pleasure living in a world where everyone is in such a hurry to be outraged over someone else’s trivial comments
Forumosan avatar
Satellite TV
Entering Second Childhood (èrdù tóngnián qī)
Entering Second Childhood (èrdù tóngnián qī)
 
Posts: 7089
Joined: 18 Jun 2004, 11:10
27 Recommends(s)
38 Recognized(s)

6000

Re: child at risk

Postby pgdaddy1 » 25 Mar 2012, 18:38

Okami wrote:It's a zero sum game mate, there is no win-win with your wife and that can really mess us up and lead to bad decisions being made.

My recent one is the first floor. My In-laws want it converted to a living room, my wife wants it converted to a play area/living room. I was an adamant no, till she ruined our date night about it. I decided to compromise, I'll clean it up and move everything, but I want curtains. Her response, "Why does it always have to be about what you want? Curtains are hard to clean." I was the one going to have to install them, move all my stuff from the 1st fl to the 4th, and then move all the 2nd flr stuff to the first. This has been going on for her for 3 years.

Sometimes it's just about power and who has it. Your kid steps foot in Taiwan before 18 with your wife and she'll have it all over you. Ask pgdaddy how well that worked out for him.


It could have worked out a lot worse for me, I realise that now. At least my two sons in Taiwan are being looked after my caring and loving mothers, and the lines of communication are open, we are all more or less at peace now they know they have a father who loves them and misses them.

Yes, of course you should avoid allowing your wife to take your daughter child back to Taiwan at all costs- because yes, it's likely that you will not see her for many years if this does happen. However this is easier said than done. Australia does have properly enforced electronic watched list (unlike the UK) but this are just temporary pending a court decision, and the mother usually wins in court; you will spend tens of thousands on legal fees and your wife might get legal aid if she has no funds (or claims that she has no funds). It's happened before and it will happen again.

It may sound hard to take, but you are going to have a very hard time ahead if you have to fight for custody of your daughter in court. Your best option is to try to make peace with your wife now, and yes- seek relationship counselling for you both and anger counselling for her, if she can accept that she has a problem.

Good luck to you.
Forumosan avatar
pgdaddy1
Chinese Class Dropout (Zhōngwén kè zhōngchuòshēng)
Chinese Class Dropout (Zhōngwén kè zhōngchuòshēng)
 
Posts: 704
Joined: 01 Apr 2011, 20:05
Location: Barcelona
97 Recommends(s)
39 Recognized(s)

6000

Re: child at risk

Postby sulavaca » 25 Mar 2012, 19:41

Aside from other advice here, I would mention that if you do ever send or bring your daughter to Taiwan, then you may do it on her foreign passport. She will then be limited to how long she can stay in Taiwan without having to leave.
Visit actaiwan.org for Car Rentals, servicing, repairs, Used Car Purchasing, Inspections, Articles and Useful Information on Taiwan Motoring.
Check out A.C. on Facebook
Forumosan avatar
sulavaca
Has-been Pop Star (guòshí míngxīng)
Has-been Pop Star (guòshí míngxīng)
 
Posts: 5031
Joined: 09 Jul 2006, 10:48
Location: Taipei
4 Recommends(s)
56 Recognized(s)

6000

Re: child at risk

Postby Confuzius » 25 Mar 2012, 20:47

sawman1972 wrote:Thanks for the replies.

problem is she is saying her father is sick so she needs to go home to see him and she will keep pressuring me on this issue.


Then let her go...you and your daughter stay in Oz, no questions

sawman1972 wrote: I am pretty soft and will proabably endup agreeing.


Then kiss your daughter goodbye. Harsh, but the truth.
"Knowledge alone is transitory, the outcrop subsequent to 'I desire all things'". - A. O. Spare
Confuzius
Betelnut Beauty (bīnglang Xī Shī)
Betelnut Beauty (bīnglang Xī Shī)
 
Posts: 1524
Joined: 05 Jun 2011, 08:09
113 Recommends(s)
76 Recognized(s)

6000

PreviousNext




 
 
 x

Return to General Legal Matters



Who is online

Forumosans browsing this forum: No Forumosans and 4 visitors

You may delay, but time will not -- BENJAMIN FRANKLIN