外國離婚而沒有子女撫養文件

1. You need to go back to the court where you get your divorce decree.

As children are usually a "product" of marriage, the court granting the divorce has the jurisdiction for the custody, as an integral portion of the divorce proceeding.

The only exception is a mutual agreement (without assistance of the court) can be reached. Then in this case, the agreement simply needs to be filed with the court and affirm as a stipulated judgment.

2. In your case, it is impossible (as the court the case originates has the final say to, at the least, confirm any mutual agreement).

3. It will be still the same way. The court will consider everything before making a judgment, which in your case, given the mother can't be served, it will be rare for the court to grant custody to the mother.

However, it does not mean the mother can't ask the court to vacate the default judgment or change the custody.

有關問題,可先向香港該國的領事館查詢有關手續,如能在香港處理,則不必到外國.同時,香港的政黨,民建聯,民主黨,公民黨等,都有免費的法律諮詢服務,可先致電向他們查問有關法律手續.
因對外婚姻,問題較複雜,不要隨意行事.