2tigers

I think its time for a 'Bumpity Bump'!

Bumpity bump

Bumpity Bump! I stay away a few days and this thread falls off the pages! Dear Mod's - can we have this thread or something similar to warn people, as a sticky? It would be very thoughtful to those thinking of moving! Lives are ruined and futures turn into nightmares because of this law, people need to know! Its not going to go away!

Bumpity Bump! I have been in touch with PIO via contact info on this forum, asking to have this post as a sticky for new people joining this website, hoping they will be better informed before moving country. You are entitled to know how you stand regarding your children before you move, I would say 99.9% do not know.... then when they find out are in shock! Please keep bumping this thread... thank you

Thanks 'Pommyoz', appreciate you telling your story. I hope PIO members don't feel this thread a negative one..... it is not written to be so, my aim being an important thread of information for those thinking of moving here with children. Myself, like Pommyoz, have been put through the 'run of the mill' with the HC and wouldn't wish it on an enemy.

Hi there Pommyoz, I am so sorry you have had to go through this, its the worst nightmare imaginable. Thanks for sharing your story. Please everyone, please discuss this before you come. There are many many couples who separate once over here then obviously want to go home, but can't. The rest of their lives are here in Australia, no choice, never to go home again unless they leave their children. I will be bumping this thread every now and again. It would be nice if PIO put this as a sticky? It can not be ignored. Thanks for reading.

Bumpity Bump!

Just to note, this is not a law just for Australia, it is world wide and majority of countries around the world are members of the "Hague Convention" law (at least 65 nations are members). Even if the scenario was Spain, and you took a child back to the UK, it would be child abduction and they would be sent back to Spain under the "Hague Convention"! The 'Left behind' parent gets all their legal fees paid for by the convention until they are returned. Please, please, please discuss this law with your partner & anyone you know who has children, thinking of moving to another country..... it is better to be informed, try and come to a joint agreement before you go, then get it in writing! You need to do this for your children! Putting your dream to one side a moment, your children are the ones who it would affect & be torn.... more important than a dream I would say! If I can help one family from going through this I will be pleased .....

Bumpitty bump......

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.

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!

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.