Child custody and divorce

since you are Australian citizen & presently living there all of u.  You can not approach Indian courts. But 

India was a signatory to the Universal Declaration of Human Rights, therefore great precaution was taken so that Fundamental Rights mentioned in Part 3 of Indian Constitution is concurrent with the provisions of the UN Declaration of Human Rights.

While most Fundamental Rights are available for citizens and foreigners alike (Eg: Article 21), certain rights are exclusive only for Indian Citizens (Eg: Article 19).

Does the same apply if I come back to India (OCI ) and file it there locally. My first concern is that I do not have a family support here. And the second concern is that I have heard India is not a part of the Hague Convention, so even if I get a court order here , wouldn't there be a possibilty that my ex husband can travel back to India with the kid and file the case from there. Please correct me if I have misinterpreted anything here.TIA

Hello,

Hague convention is related to adoption, illegal trafficking of childrens. So it will have no connection with your case.

As per my view, you cannot file child custody case in India. 

hi, am separated from my husband but no legal formalities have started yet.
am not ready to provide divorce now.
however I would want obtain my daughter's custody completely under me so that I can avail passport for her and move to abroad.