How to get child custody of my 2 year old son from my wife

I'm Australian citizen married to Indian citizen with 2 year old son. I want to take my son to Australia but my wife doesn't want to. We got married in India and are settled in India. My son got Australian citizenship by descent. Can I take my son along with me to Australia. My wife is not applying for Australian spouse visa.kindly advice.

Answers (2)

248 votes

In which year you got married and from when you both living separately.
You can file habeas corpus in High Court
But there is some critical point which is necessary to know you.
Contact to me .I will do it with my senior advocare who is. expert.

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74 votes

Firstly you can apply for your child's custody in Australia since you both are Australian citizens.
In India usually the custody of the minor child up till the age of 5 stays with the mother unless you can prove that she is a misfit to take care of your child on the grounds of neglect and ill treatment.

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