maaka wrote:
I know very well the Austlii link you referred me too, as I used it for caselaw in a number of my submissions.Indeed I persured it several days ago looking for a case that matched your own, but only found a Thai / Aust divorce case without a child involved..
Wow, sorry for the double post to you but im humbled by the fact that someone i don't know has done this, ive been doing the same
maaka wrote:
I had never viewed the Family Law Act so thanks for that..having now browsed it I find it equally considers the father and the mothers position in the future wellfare of the child..and I can not see anything there, that would have the court remove the child from the mother on a permanent basis, or for that matter deny you the right of access..as I said before, in my opinion it will come down to a fine balance of shared access..
You are right on this, unless i can prove what an abusive person she is to children, and i think i can, as she is
maaka wrote:
when I referred to the mother standing on her own feet, I was meaning , without your assistance..I quite understand she has government assistance.. I know you have a mountain on your shoulders right now, but you do need to consider the matter of her possible desire to return home and how that can affect your case...
I almost wish she did say that in her response, it would make my job a lot easier, but she, for some strange reason is telling the DVO court she wants to leave but... the family court, ALL of what she is asking for is as if she is planning to stay here, there is NO relocation back to Thailand stuff at all,
I dont think you can tell two different courts two different things and not come across as being a tad manipulative. At the time of telling the DVO court she wanted to leave, she was actually arranging her visa to stay. The sensible thing to do would IMO have been to wait until yesterday, make her response a relocation response, and take it from there.
maaka wrote:
its all very well to say she has not got the money, but she will have come divorce settlement time ( and you are entitled to a share of any monies and holdings she may have back in Thailand ) I want you to tighten thing up now so and ask your lawyer how and what happens in such an invent, and what rights you have and where would you stand..there are many single mother in thailand with farang babies, and the her half of the divorce settlement will wash away any fears of shame in returning home..single and with a baby..
There wont be a divorce settlement, asset poor..Im not a guy with a business, or even (ATM) a house that i own, all my savings are gone and i live month to month She really is financially on her own for as long as she takes to suck in some other mug, If she goes back to Thailand, she will be a burden on her family and will be shamed forever...(probably why she is not asking to relocate hey?) she goes back penniless.
Thanks