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    dingo40's Avatar
    dingo40 Posts: 3, Reputation: 1
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    #1

    Aug 11, 2012, 07:36 PM
    Custody of my daughter
    Hi, this is my first time on here and my story is sad, upsetting and frustrating but I hope someone can help me.
    I met an american woman in 2008 in australia, soon after we went for a trip to bali so she could do a visa run, while there she apparently got pregnant to our now daughter. On new years eve 08/09 while I was working away she (as I have found out now nearly 4yrs later slept with this sleeze bag from the same town) and as I have just found out via a initial paternity test from them both that he is the father of our daughter and not me.
    The mother after she told me she was pregnant, wanted to stay in australia so I had proposed to her and in may 09 we were married. During this time I was told that her previous 3 children and ex husband had died in a car accident in the US, her brother had died in a car accident with a friend of his. The lies and deceit were prolific as I was to find out later down the track. The ex husband and children were in fact still alive, and her brother was still alive, also her niece and nephew she was so close to were actually her twin son and daughter! Our daughter was born here in October 09 and I thought this will be a wonderful life for her and she would have a new family after losing her children in the supposed car accident.
    In feb 10 she left me and returned to the US with our daughter, and not knowing to me she was not only dating our paediatrition but never intended to return to australia.
    After a cpl years of waiting for her to come back to austalia with our daughter and me doing numerous trips to the US to visit them both and fully supporting them from australia, she didn't return hence abducting our daughter from australia. I have just returned from the US after a year of legal applications under the hague convention, child abduction and after 2 days in a federal court in the US, the mother was found to have abducted my daughter from australia and my daughter was returned to me that same week and we returned to australia. Since returning the mother has tried repeatedly to have me charged with numerous offences and trying to get our daughter back. Now as I have just found out the guy she slept with on NYE 08 and her apparently have done an initial paternity test and he has been found to be the father. As I have found out now as well the guy and the mother after becoming pregnant both knew about him being the father and deceived me the whole time and I was totally unaware that he was the father and I always thought that I was the biological father of my daughter. He had said at the time of the pregnancy that yep she's mine and I don't care I want nothing to do with the child and I don't care. 3 and half years later after no contact and knowing he was the father he now after being in contact with the mother has phoned me and said that the child is his and he wants her back and if I try to go to court and fight it I will lose and have no chance.
    This guy is feral, is a drunk, beats his dogs up, can bearly look after himself and is a social recluse who has no contact with any of his family at all.
    The mother is an extreme sociopath bordering on physcotic, but unfortunately because she has not been diagnosed yet is free to roam around and destroy peoples lives at will.
    Her 2 ex partners in the US have full custody of her previous 5 children, 3 to one and 2 to another and her first child that she abandoned at 17yrs of age is now 18 yrs old and a drug addict and has sociopathic behavioural problem like her mother.
    Can this guy just come along and take my daughter from me if he is the biological father after knowing he was the father when she was pregnant and saying at that time he wants nothing to do with the child and has never made any effort to have a test done previously or make any contact at all with the child. I have been there for my daughter the whole time, fighting the US justice system for over a year against this sociopathic mother who doesn't care about her children she just uses them as pawns to get money from her exs and destroy families. PLease if there is someone out there that can help please let me know because my daughter is so happy here with me and her family here and to have her taken from me now by this man who she has never known and cannot look after her will damage her physcologically for life.
    Regards Dingo40
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 11, 2012, 07:46 PM
    Your writing is somewhat all over the place, I can feel the anger, if you answered this I am sorry.

    1. have you had a DNA test done between you and the child and confirmed ( stop listening to her) that is first and foremost, see for sure for yourself if you are the father or not.
    2. next if you are a father, hire an attorney and find out all of your rights and what you need to protect them.
    3. if you are not the father, hire an attorney and find out what if any are the time frame to challenge your rights as the legal father ( assume you are legally though court or birth certificate the current legal father.

    And then stop listening to a women who is trying to make your life hell.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 11, 2012, 07:52 PM
    Let me get this straight. You were awarded custody unde the Hague convention and the child now lives with you in Australia, correct? Then I believe this guy is going to have file in Australia to fight for custody. Frankly, I think he is going to have to show more than a bio connection. So I think you stand a good chance of holding on to custody.

    I think the guy is trying to intimidate you, I think he knows that he stands little chance in court. So you shouldn't even think of giving up YOUR daughter without a fight. As it stands now he Has to go to court. Even if you wanted to, he can't just come get her without going to court.
    dingo40's Avatar
    dingo40 Posts: 3, Reputation: 1
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    #4

    Aug 11, 2012, 07:56 PM
    Quote Originally Posted by Fr_Chuck View Post
    Your writing is somewhat all over the place, I can feel the anger, if you answered this I am sorry.

    1. have you had a DNA test done between you and the child and confirmed ( stop listening to her) that is first and foremost, see for sure for yourself if you are the father or not.
    2. next if you are a father, hire an attorney and find out all of your rights and what you need to protect them.
    3. if you are not the father, hire an attorney and find out what if any are the time frame to challenge your rights as the legal father ( assume you are legally though court or birth certificate the current legal father.

    and then stop listening to a women who is trying to make your life hell.
    I find out the results on Monday or Tuesday. I have an attorney doing legal research for me here in australia and yes I am on the birth certificate as the current father. I am also on the hague convention court orders from the US as being ordered with the return and custody of my daughter. It is just frustrating that someone that can just have children then just walk out on them like they are nothing! I talk all the time to her ex partners who testified for me in court in the US and the stories they have told me of what she did to their families is disturbing at the least
    Thank you for your reply any help is greatly appreciated
    dingo40's Avatar
    dingo40 Posts: 3, Reputation: 1
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    #5

    Aug 11, 2012, 08:01 PM
    Quote Originally Posted by ScottGem View Post
    Let me get this straight. You were awarded custody unde the Hague convention and the child now lives with you in Australia, correct? Then I believe this guy is going to have file in Australia to fight for custody. Frankly, I think he is going to have to show more than a bio connection. So I think you stand a good chance of holding on to custody.

    I think the guy is trying to intimidate you, I think he knows that he stands little chance in court. So you shouldn't even think of giving up YOUR daughter without a fight. As it stands now he Has to go to court. Even if you wanted to, he can't just come get her without going to court.
    Yes I was awarded custody of my daughter and return of her to australia with me under the hague convention. The guy in question always tried to break our relationship up when she was here in australia but never had a chance because the as I see now the mother had her sights set on me because I was a crayfisherman earning a lot of money and that what its all about! Money! But now that she lost her 7th child she can't afford to come to australia and fight custody so she is now doing the paternity thing against me. My daughter is so happy here and loves the water, her dog snowy, she's happy and until I get the mother diagnosed by someone who she can't manipulate I live in fear even with the courts because of the things that she did in the us court system against me
    Thank you for your reply
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 12, 2012, 06:38 AM
    I would make sure that Australia recognizes you as the legal father. But as long as that is the case. I think any challenge to that would have to be done in Australia. So, until they show up in Australia, I don't think you have to worry. If they do show up, I still think you prevail in court.

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