I am an Indian born Australian citizen living in Melbourne. I got married in 2013 to an Indian citizen in New Delhi and had a 2 year old son from our wed lock. We lived together until I moved to Melbourne in early 2018. My wife and my son are living in her parents’ house. My wife is still an Indian citizen and my son is an Australian citizen by descent.
From last one year I can find out that my wife has some extra marital affair as her behavoiur is vey odd. She dont do any work.. She also never seems interested in applying for Australian PR and want to do things in her own way. My son got one year visa to live in India as he has the Australian passport. We didn’t applied for his OCI. He is living in India on a tourist visa which is currently for one year and every year we have to renew his visa.
I want my son to live in Australia with me as my wife in not worried about his wellness and education. All the funds I send to her from Australia, she spends on her own self. She wants our son to live in India so that she can enjoy money sent from myself from Australia.
- Can my wife extend my son visa without consulting me? Son’s passport is with her only.
- Can I have right to bring my son to Australia without my wife as she is not interested to come.
- As my son is an Australian citizen, does it mean that he should be able to come and live in Australia in near future or he will be under my wife care only as she is his mother?
- Do Australian government has any kind of laws to bring his citizen from other country like in this situation?
Now, I feel if I go to India to meet them she can put false case on me. So I am very worried about it. I don’t know what rights as a father I have in India and Australia.
Is it advisable to report to Australian embassy in India not to extend his visa? And will they be able to do that as I was told that a mother has the default custody for a minor child till 5 years.
Kindly Advice if you have any knowledge on this.