Children - what happens if you/your partner decide to go home.....

[2tigers]

If you are thinking of moving to Australia with children I would advise this....

Or even - if your in Australia and wish to take your children home to the UK to live.....

Sit down and discuss what you would both like to happen with your children if your dream of living in Australia isn't what you expected/you separate/in the event one of you chooses to go back home? Too many scenarios to note all - you get the jist!

Do you
a) Children stay with Mother, regardless of where she chooses to live?
b) Children stay with Father, regardless of where he chooses to live?
c) You both stay in Australia so the children can have both parents?
d) You both go back home to the UK?
e) May have other thoughts!

Did you know this? Once you have both made the decision to move to Australia, as soon as you land - the Children are now residents of Australia?

If one of you decided to go back home, you will need your partners permission to take the children, yes - even if ALL of you were born and have lived your whole lives in the UK.

If you leave & take the children with you, without the other parents permission, regardless of your circumstances (eg..separated, no money, no house, no job, Isolation etc etc), and the stay behind parent pursues you -

- You may have the police knocking on your door in the UK, you may be charged with child abduction. Yes, even if the child was born and raised in the UK. You would have broken a law called the 'Hague Convention'.

Once the police come knocking you may then be summoned to court under the Hague Convention, and more than likely (99%) the children will be ordered back to Australia.

Then once in Australia you will then have to go through the courts in Australia to apply to have your child/ren relocate with you back to the UK! And you may not win.

Long winded I know, but this is a law that is not mentioned in many places. This is a law that those tempting 'Move to Australia for a better life' TV programs etc don't mention, this is a law that the Immigration don't mention. Its a law people have never heard of unless it happens to them. This happens to many people each year, and is something that I believe people need to know about in case it happens to them, or they know someone who it may affect.

Take precautions before the move, talk about the children's future's, and get it in writing with a Solicitor!

Take a good look at your visa restrictions - are you coming due to your Spouse's trade? Whats the restrictions on the other parents visa if you separate within the 1st 2 yrs?

Doing this may save you years within the legal system, over $150,000 in costs, your children's mental wellbeing, health, stress, poverty and years wasted.

I hope this post helps someone.

[Quoll]

This is a very good post and I hope people pay attention!

I do so hope that you didnt learn all this the hard way but I do know that there are people stuck here because their marriages have fallen apart but the other partner refuses to let the children leave. That is not a situation I would wish on anyone but it is happening.

[chaziechick]

wow...one never thinks about these things. we all always look at all the positive things and never look at the risk of things going wrong. Ofcourse it isn't always human nature to imagine things going wrong particularly if a family seems really secure and tight however people have experienced the things and it's good the someone is standing on our shoulders and gently telling about the small print of life. thanks for enlightening!!!

[spadgersdad]

Excellent post, something none of us ever think or know about. definately food for thought!!!

[Moving 2 Melbourne]

What a great post, I would also like to add something for those moving with children, try and get an emergency contact over here, we offer this service to all our clients with children as you never know, say the kids are at school and your both out driving and are involved in a serious car crash, you have to think who will care for the children whilst your in hospital or if you both died, yes I know it may sound morbid but when we arrived here these are things we had to think of as we had no family here to care for them.

[2tigers]

I am happy I wrote this now, I was very unsure of how to put it!

There are some who have been through this who have tried to get immigration to add a leaflet to their package to warn people..... they only ever promote the good!

I do hope non of you go through this, but it does happen, and there are lots and lots of us that have been dragged through it!

[TheBrammies]

great post
but isn't this one of those issues that you cant sort out before it happens because you can't truly know how everyone involved will react and break ups aren't normally rational

[2tigers]

great post
but isn't this one of those issues that you cant sort out before it happens because you can't truly know how everyone involved will react and break ups aren't normally rational

Very true. So many scenario's. To be informed is better than to not know. Moving to the other side of the world is a huge decision. One that unfortunately, many of us dismiss the very thought of a breakdown in our choice of life partner.

Unfortunately it does happen, to the strongest of marriages. The stresses/new life/new jobs/new friends/affairs - no life/no job/no friends/no extended family/isolation, all can contribute to breakdowns in what initially was a fantastic idea.

[stockies]

What a great post, I would also like to add something for those moving with children, try and get an emergency contact over here, we offer this service to all our clients with children as you never know, say the kids are at school and your both out driving and are involved in a serious car crash, you have to think who will care for the children whilst your in hospital or if you both died, yes I know it may sound morbid but when we arrived here these are things we had to think of as we had no family here to care for them.

This is one of the things that I have had at the back of my mind , What have you all done ??? Obviously as we move to OZ you dont know anyone that lives there other than you guys on here !!!!
Intrested to see the response from you all.......

Claire. XX

[calNgary]

What a great post, I would also like to add something for those moving with children, try and get an emergency contact over here, we offer this service to all our clients with children as you never know, say the kids are at school and your both out driving and are involved in a serious car crash, you have to think who will care for the children whilst your in hospital or if you both died, yes I know it may sound morbid but when we arrived here these are things we had to think of as we had no family here to care for them.

Lol, i think it must come with the job Kate , not quite sure what our local school thinks as im emergancy contact for quite a few different kids there now. Its one thing i struggled with when we arrived so always offer to be a contact for any clients settling around here, better to be safe than sorry.
Cal x