about custody

I guess there will a lot of problem be raised. Most of country, even you apply the passport, not your ex only, even your present husband has to sign the consent then you can apply the passport for your child. Australia does.

If you prepare to fight with your ex husband, I think at least you have to consider the followings :

1) You are not staying with your son for a year, what do think the judge will think ? you care of your son or your boy friend ? You have the full custody but you leave him with your mother.

2) You cannot provide a complete, normal family as you are not married yet with your boy friend.

3) The judge gave you the custody because he/she believed that was the best to the child but after you got it and you leave him for a year.

4) How about your financial situation also your ex husband as well ?

5) Prepare more documents/records to the judge regarding your parenting to your son after you separate with him, letters, cards, e-mails and the likes.

The right thing you should do is to consult a lawyer to see what you should, otherwise you may lose your custody as well.

This is only my opinion and l came back from Australia and will be back there 2008. The Australians are children first, then aged. You have to be careful to handle.

You can check the following site :

CAP 192 MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE
http://www.legislation.gov.hk/blis_export.nsf/chome.htm

Chapter 290 ADOPTION ORDINANCE
http://www.legislation.gov.hk/blis_export.nsf/chome.htm

generally speaking you can't take the child out of jurisdiction unless you have a Court Order or if your ex-husband consents. if you take the child to australia, how can the father access the child? that would deprive your son's right to be accessed by his natural father. for the court hearing, you need to convince the judge 1) the move is in your son's very best interest, ie. not just for you to visit your bf in some foreign country; 2) you have made the best possible arrangement re daily care, education, etc for your son in australia, 3) you are prepared to allow your ex-husband to visit his son or have him come back to visit his dad, at least 2-3 times a year at your own expenses, 4) you are still the one who should retain custody given the change of circumstances.