Indian Families: Simple Guide to Custody Rights and Child Support in Australia
Life in Australia is exciting for Indian families, but things change when a marriage breaks down. Divorce, custody rights, and child support can become stressful especially when parents live in different countries. For Indian parents in Australia, knowing how child support and custody rights work under both Australian and Indian law is the key to protecting your child’s future.
What Is Child Support?
Child support is the money one parent gives to help take care of their child after a breakup. It helps pay for school, clothes, food, and doctor visits. The goal is to make sure the child’s life stays normal and safe even if the parents live apart.
In Australia, child support is managed by Services Australia under the Child Support (Assessment) Act 1989. It ensures both parents share financial responsibility for the child.
How Child Support Is Calculated
Services Australia uses a formula that looks at:
- Each parent’s income – higher earners contribute more.
- Custody or parenting time – if a child spends more time with one parent, the payment changes.
- The child’s needs – daily care, schooling, and health costs.
If you think the amount is unfair, you can ask for a review or file an appeal. You can also make a private Child Support Agreement with the help of a child support lawyer or family custody lawyer.
When the Court Can Step In
Most child support cases are handled through Services Australia, not the court. However, the court can help when:
- You appeal a Services Australia decision.
- You want to change an existing child support order because of special circumstances.
- You are seeking child maintenance for a child who is over 18 but still in school or has a disability.
In such cases, the Family Court uses the Family Law Act 1975 to make fair orders.
Child Maintenance Under Indian Law (BNS Section 128)
Even if you live in Australia, Indian law can still apply. The Bharatiya Nyaya Sanhita (BNS) 2023 replaces the old Section 125 of the CrPC. Under Section 128, parents must support children who cannot support themselves.
This means Indian courts can ask a parent to pay child support even if they work in another country. This rule helps Indian parents in Australia or anyone trying to get child support from an ex-partner living abroad.
Cross-Border and International Cases
When one parent lives in India and the other in Australia, things get complicated because both countries follow different systems.
- Australian orders are not automatically valid in India. You must register them in an Indian court under Section 13 of the Civil Procedure Code.
- Indian orders can be enforced in Australia through local lawyers familiar with both jurisdictions.
Hiring international family law experts like LawCrust Legal Consulting helps you handle such cross-border child support cases smoothly.
Custody Rights and Parenting Arrangements
In Australia, the word custody has been replaced by parenting arrangements. It decides:
- Where the child lives
- How much time they spend with each parent
- Who makes important decisions
Custody rights and child support are linked. If you have more parenting time, your payments may reduce. Courts always prioritise what’s best for the child over any personal issues.
Both parents are encouraged to cooperate for the child’s happiness and stability.
If the Child Turns 18
When your child turns 18 but is still in school, you can apply to extend child support until the school year ends.
For children with a disability, the court may issue a maintenance order to ensure continued care and support.
Indian Court View: Children’s Rights Come First
In Ritika Sharma vs. Rajat Sharma (2024), the Delhi High Court ruled that a father living abroad cannot avoid paying child support just because he earns outside India. The court said that a child’s right to financial support is global and follows the parent wherever they live.
This shows that child support and custody rights always focus on the child’s welfare.
Practical Tips for Indian Parents
- Keep records of all child-related expenses.
- Save emails, chats, and financial proofs.
- Contact a custody lawyer or family law custody attorney early.
- Try mediation before going to court.
- Always act in your child’s best interest.
FAQs: Child Support and Custody Rights
1. Is my Australian child support order valid in India?
Not automatically. You must get it recognised by an Indian court.
2. Can grandparents get custody or visitation rights?
Yes. Both Indian and Australian laws recognise grandparents’ rights if it helps the child.
3. Can fathers get custody?
Yes. Fathers can seek shared or sole custody with the help of custody attorneys for fathers.
4. What happens if a parent refuses to pay in Australia?
Services Australia can take money directly from salary, bank accounts, or tax refunds.
5. Does marrying an Australian change which law applies?
No. Australian law applies if you live there.
Outlook: Protecting Your Child’s Future
Divorce can be hard, but your child’s happiness should always come first. Both Australian and Indian laws make sure children get the care and money they need. With help from LawCrust’s family law experts, Indian parents in Australia can handle child support and custody matters with confidence.
About LawCrust Legal Consulting
LawCrust Legal Consulting, part of LawCrust Global Consulting Ltd., helps Indian families in Australia with cross-LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a leading firm in the legal industry. We are your top choice for handling tough, cross-border divorce and custody matters.
With over 50 offices across India and a team of more than 70 specialised lawyers, we provide expert legal family services for international child maintenance and family law custody rights issues. Our services include smart legal strategies and support for international divorce lawyers issues, giving you the family legal help you need.
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