Rachel King Posted February 7, 2015 Share Posted February 7, 2015 I'm an Australian citizen, born here but raised in England. I've been back in Australia for 6 years with my fiance and our two children. We have recently seperated and I want to go back to the UK..he is English and on a 457 Visa sponsored by his work not me! Our children both have dual nationality as do I! Does the Hague convention stop me moving back to the UK if he's a temp resident?? Any advice would be gratefully accepted Quote Link to comment Share on other sites More sharing options...
Que Sera Sera Posted February 7, 2015 Share Posted February 7, 2015 The Hague convention stops you removing the children from their Country of residence without his permission regardless of what visa he's on. Quote Link to comment Share on other sites More sharing options...
Quoll Posted February 8, 2015 Share Posted February 8, 2015 Sadly it's where you are habitually resident that counts and that would seem to be Aus. You've got buckleys of getting a court to agree even if he is the most useless no hoper on earth unfortunately, if he says no. Good Luck! Quote Link to comment Share on other sites More sharing options...
Jacaranda Posted February 8, 2015 Share Posted February 8, 2015 Hi Rachel and welcome to PIO.I am sorry to hear of your situation.It must be quite stressful for you.For whats its worth,I'm british,emigrated to Australia as a young child,grew up there,married an aussie guy,and had children with him. After a few years I decided to separate,and wanted to return to the UK with our children.My Ex husband signed the papers with no issues.I think it depends what your ex is like tbh.He may dig his heels in,or he may sign the papers willingly. Have you spoken to him and asked him?Have you spoken to the children,and do they have a good relationship with their Dad? Quote Link to comment Share on other sites More sharing options...
Beddy Posted February 8, 2015 Share Posted February 8, 2015 The hague convention will prevent you from removing your child from Australia without the other parents permission just as it would from removing them from the Uk to Australia .It is possible if you can come to some agreement for access with the childrens father in the form of a stat dec ... failing that there is the option of applying for a court order to remove them from jurisdiction Quote Link to comment Share on other sites More sharing options...
Guest Posted February 8, 2015 Share Posted February 8, 2015 Be thankful you are not the one on the 457 visa or you may have had to return to the UK without your children. If your ex agrees to you returning there is no problem, if he does object then there is not much you can do about it. Is he likely to gain a PR visa? If not then I expect you would be able to return when he does. Quote Link to comment Share on other sites More sharing options...
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