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    missdizzy's Avatar
    missdizzy Posts: 5, Reputation: -1
    New Member
     
    #1

    Aug 24, 2009, 05:40 AM
    Can my ex take my kids if sent back or use them 2stay in the country?were do I stand?
    Hi I'm really confused on what I should do now. I married a man from africa 1yr ago we split up the first time 3weeks after as he chucked me across the room while I was 3weeks pregnant.the cops took him to court but nothing came of it.about 2months later we tried to work things out by the time I was 4month pregnant he punched me in the head and legs while I was sleeping, I took my 4yr old on myself out of there and still the cops did nothing... now since I have had this baby he has tried to fix thing.I have been told he has told immigration we have not split and he is trying to use our certificate of marriage to help him stay here.he has many other girls and I'm worryed he may try to get baby's with others to try help him stay here,as he wants to try use my boys.he gets so angry over me saying you can't use me or the kids.yet he wants to keep trying to move in here, I'm lost on what to do and I'm sure this is a huge sign he is only trying to find a fast easy was into the country.

    Now what legal right has he got over any child born in australia?? how can I get a divorce if he gets deported??
    Will any of the above provent his stay here??
    Will a child help his case?
    Should I report all this to someone??
    He has said he will take my boys away if he is sent back, can't this happen? Were do I stand with this?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Aug 24, 2009, 06:07 AM

    Are you in the US?
    missdizzy's Avatar
    missdizzy Posts: 5, Reputation: -1
    New Member
     
    #3

    Aug 24, 2009, 06:16 AM

    Look no need to be rude I know not a real legal advisor I just thought maybe others have been through the same kind of thing as me... and could shine a little light on it 4me .
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
     
    #4

    Aug 24, 2009, 06:43 AM
    Quote Originally Posted by missdizzy View Post
    look no need to be rude i know not a real legal advisor i just thought maybe others have been through the same kinda thing as me.... and could shine a little light on it 4me .
    How was she being rude? She asked you if you were in the US because most of us are most familiar with US law. The specific laws pertain to the country you live in.

    Are you talking about her signature? That is a legal disclaimer included on many of our posts. It has nothing to do with you or your question. It is a liability shield for her.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #5

    Aug 24, 2009, 06:53 AM
    Quote Originally Posted by missdizzy View Post
    look no need to be rude i know not a real legal advisor i just thought maybe others have been through the same kinda thing as me.... and could shine a little light on it 4me .

    First, no one here can answer your question without more information. I have no idea if you're in the US, in Great Britain, where you are. Laws vary from Country to Country, place to place.

    As far as not being a legal advisor, are you talking about my signature which automatically is added to EVERY post I answer?

    You may want to adjust your attitude and also read the rules of the site and let us know how I was rude - and if you have time, let us know where you are.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #6

    Aug 24, 2009, 01:44 PM
    Quote Originally Posted by missdizzy View Post
    hi im really confused on what i should do now. i married a man from africa 1yr ago we split up the first time 3weeks after as he chucked me across the room while i was 3weeks preg.the cops took him to court but nothing came of it.about 2months later we tryed to work things out by the time i was 4month preg he punched me in the head and legs while i was sleeping, i took my 4yr old on myself out of there and still the cops did nothing..... now since i have had this baby he has tryed to fix thing.i have been told he has told immigration we have not split and he is trying to use our certificate of marriage to help him stay here.he has many other girls and im worryed he may try to get babys with others to try help him stay here,as he wants to try use my boys.he gets so angry over me saying u can't use me or the kids.yet he wants to keep trying to move in here, im lost on what to do and im sure this is a huge sign he is only trying to find a fast easy was into the country.

    now what legal right has he got over any child born in australia????how can i get a divorce if he gets deported?????
    will any of the above provent his stay here????
    will a child help his case?
    should i report all this to someone???
    he has said he will take my boys away if he is sent back, can't this happen?? were do i stand with this??

    From the above info, I assume you are in Australia...

    If this is correct, what you should do is;

    File police report on domestic violence. You can report these issues if all occurred in less than a year.

    File for a divorce. Go to family court, if you don't have sufficient funds to retain a lawyer, there are legal aid and some pro bono programs that can help you. He does not need to be there... but it would save time and $$ if you have his address. File for sole custody of your child. With domestic violence record, you might be able to get sole custody easily... don't forget to request for child support. If he doesn't pay, there will be penalty for that.

    After the divorce is final, report your divorce status to immigration. If he hasn't become a permanent resident, he won't be eligible to do so, and if he has become a permanent resident, he will not be able to extend his status with domestic violence in his record. It's felony and he might be deported unless he could retain the best lawyer.

    You must do all of the above... don't give him second chance ever! Be strong... Blessings.

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