Dear Ma'am,

Since you and your family hold Australian Citizenship, it would be better if you file the case at your local court where you and your child are residing. The Indian court, which is not a reciprocating territory can interfere in the custody of a child of a foreign national only where the foreign judgment is found to be not in consonance with the welfare of the child.

Thank You.

Hello, 

1. As all of you are citizens of Australia, the child custody petition has to be filed in Australia. 
2. Secondly as per Indian laws, a petition for custody can be initiated only where the child is residing. That's the place of jurisdiction. 
3. Being a person of Indian origin alone does not unfortunately provide an option for litigation under the circumstances. 

As your husband (since separated), your child and you all live in Australia, it is advisable to file for child custody in the family court in Australia, considering the practical convenience. You say that you have separated, but are you divorced legally? If not yet, the child custody issue can be brought up in the divorce proceedings there.

Yes you can file the same. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

-  Since, the said child is residing in Australia , then you can file the petition there .

- However, if the ex-husband is in India, then you can also file the petition in India as well. 

If the child is in Australia you have to file there.

G.RAJAGANAPATHY 

High Court of Madras 

since you and your husband are Australian citizens and child is also Australian citizen file for child custody in Australia only 

Indian courts would not have jurisdiction in this case 

If your child is currently residing in Australia,  besides,  she is an Australian citizen as well as your husband is also an Australian citizen and you too are an Australian citizen,  you may have to file the proposed child custody case in a court situated within the residential jurisdiction where your child is currently residing in Australia. 

Since the case will not fall within the territorial jurisdiction of India,  your case may not be entertained by an Indian court moreover it may not be maintainable. 

As the child is an Australian citizen Indian courts do not have any jurisdiction with regard to the child. What were the terms of settlement at the time of divorce. Child custody issues must have been settled. If not a remedy lies before the high court of Australia.

Dear Madam,

No, because the Indian rules says that the child custody to be filed where the child ordinarily resides more so in your case the child is of Australian citizenship.