Hallo Experts,
I have settled my divorce case peacefully with my Husband with a mutually agreed terms in 2015 wherein joint custody was agreed between us. Now after 3 years I found a perfect match for myself and want to settle in Austraila. TI have here is legal hurdle about custody of child as he would not be able to secure permanent citizenship of Australia as it is joint is joint legal custody with my ex husband. What should I do?
My lawyer says that you cannot take the child and shift or settle in Australia permanently . He advices that we need to file a miscellaneous application in family court for permanent custody under section 151. which work fast then custody
My question is;
1 Should I file application under section 151 is it maintatinable as we have a Decree arising out of Mutual Consent terms is it right right application as this is not an Petition.
2 Is the Section 151 correction section and applciation filed under that is enough
3 If yes than how much time this would take as I am planning getting married in January 2019
2 What are the other remedies that can be filed.
