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2tigers

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Everything posted by 2tigers

  1. 2tigers
    If the parent and child are on a tourist visa then they are able to come and go as they please. It is when BOTH parents make a conscious decision to relocate this is when the HC comes into play. Even if both parents and child were born and have lived most of their lives in the UK, once they as a family relocate, even on temporary visa's, you cannot just jump on a plane with your child, you need the other parents permission. Regardless. If you do-not get permission the HC can come into place and the child would be sent back. Confusedd - I very much doubt your ex would be eligible to come into AU on a partner visa as you are no longer a couple. One of you should inform immigration of your change in circumstances. She would need to apply under a different visa category if she was to move to AU now. I am very sorry for your circumstances, if I was you I would seek legal advice to see if you can get regular contact organised. Sooner you do this the better as days move into months into years so easily. I wish you luck.
  2. 2tigers
    I am sorry to read your situation, your right in saying you cannot invoke this law, this law is for a very different reason. I am sat here thinking that It may be easier if you looked at it from her situation (Putting aside the thoughts she is trying to keep your daughter away from you), if she has had second thoughts (which it sounds like she obviously has) then she may not want to move to the other side of the world, not many people would in that situation. She more than likely has her support network where she is, and has made the decision that for her to be happy and healthy that is where she needs to be. If she moved to the other side of the world for a man she does not want to be with, what quality of life would that be for her. This would reflect on your child too. Is it not possible that you could move over to the UK to be closer to your child? I am assuming at some stage you may have lived there before? Sorry if this is not what you wanted to read, but international relationships can at times be heartbreaking when it comes to situations like this. The decision may well come down to you, where do you want to live? In AU without your child or UK with her. My ex is an Aussie and he wishes to stay there, he is easily able to financially live and work in the UK if he wished to be a bigger part of his childs life, but his priority is in AU with his family and his support network (goes both ways hey). We work around this with visits, webcams and telephone. Its not the perfect situation but its the best we can do as neither of us wants to live in each others countries. All is not lost, if you wished to stay in AU there are ways for you to still be part of your childs life. If you are not getting any joy you could seek legal help and I am sure a judge would secure your involvement if needed. Best of luck to you
  3. 2tigers
    The Hague convention does not come into force on an unborn child. If she gives birth in the UK and stays there, as far as I am aware, there isn't much you can do. She is within her rights and wouldn't be breaking any law. It is when the child is born that it complicates matters.
  4. 2tigers
    So right, its a long journey but worth it! My ex is terrible with this, he see's it as I 'Stole his children' but the facts are in writing with court. So he calls me at any opportunity and really messes with the children's minds. If He was a good father and husband I would still be there, the Judge saw that too. That little bit of evidence is enough to know It was right for the children and they will also see this when they get older. Some people act out of bitterness, unfortunately that reaction has long term affects.
  5. 2tigers
    Must also add, in Australia, if you split up and are happy (or not for a lot of cases) to stay in Australia, you can not even move state without the Fathers consent. You have to stay close to the Father so he can have access to his children if he wants to. BUT HE can move state or country if he wants to, you don't have a leg to stand on if you want him to stay in your child's life. Its all backwards, this law needs revisiting and updating! The bottom line is this, if you are thinking of going to live in AU or you live there now, and have children or want children, just speak to each other about this law and come to an agreement of what would happen if you split up. Get it in writing with a Lawyer. Protect your future and your child's just as you do when you write a will. Relationships can get so bitter when they crumble.
  6. 2tigers
    I'd definitely consider giving my story but not our names. It really should be exposed more, its as though they don't want people to know about what could happen, only the good is advertised.
  7. 2tigers
    This thread pulls me back again and again, I hate reading about people in this situation, yet feel I need to give my experience on here in case it helps someone. For me, when I was asked if I would stay in the country with my children, I was that depressed my reaction was being afraid I would hurt myself. I was that depressed I often had suicidal thoughts. The Psychiatrist who took our case reported that my thoughts were to be taken seriously. I truly believe that if I had not been able to come home I would have lost my children completely, I would either not be here at all, or I would be in a ward to protect myself. That is such a scary thought, but the situation I was in was out of control. I've been home over a year now, I am such a different person. I'm stronger and in a position where depression was a distant memory. I feel so deeply for those stuck in Australia against their will, keep strong. I hope that one day Immigration will pop in a little leaflet explaining what would happen if it didn't work out. Thats all it would take to make people aware, some kind of check list, encouraging people to discuss things before the move.
  8. 2tigers
    There's actually about 78 signatories. Not many countries left in the world now that don't enforce the HC.
  9. 2tigers
    Also, just been discussing with someone so thought I should elaborate on here - anyone looking to get any kind of 'Order' from a court, note that if the wording 'Undertakings' is used instead of 'Order' this is not as enforceable as an actual 'Order'. The term 'Undertakings' is actually just the other person saying they 'Promise' to do something. If they break it, there isn't really much legally you can do. It would be noted in court and wouldn't look too favourably on the other person if they did break their 'Promise', but the outcome wouldn't be as strong as if the wording was 'Order'. If the wording is 'Ordered by consent' this is still and 'Order' but just the other person has agreed to it, instead of a Judge making the decision. Hope I've not confused anyone!
  10. 2tigers
    Hi sazzle76, I am not legally trained by all means, but from my experience, legal documents drawn up in either country are considered in the other country. I would definitely make sure its agreed in writing what will happen to the children in any event. And I would make sure its done in the UK before you leave. AU is a different ball game than UK when it comes to children and parents. The ball is definitely in the fathers court in AU, so many times I have read and spoken to people who can not leave AU because the father will not allow it. Even though a lot of cases, he doesn't spend time with the children and has done all he can to avoid paying for them. Unfortunately in AU things like that the courts aren't interested in, it doesn't matter if the father cant find time to see the children or pay for them, the courts only want to make sure the access is there if he wants it. Its very very backwards. Another gripe of mine is this - why is it a father can move away from his children and not have to get permission? It should go both ways.....
  11. 2tigers
    I wish there was a clause with Immigration, which allowed the parent to return home with the children within a certain period of time if they did not settle. Unfortunately even if you decide to go home the very next day after you've landed, the HC can be brought in and your children will be ordered to return. Reason being is that both parents have made a conscious decision to immigrate then the child automatically becomes resident overnight. Its a prison sentence to so many Mums. There is hope. I won my court case and I am now home..... I know I am one of the minority and I know I am one hell of a lucky lady. But the mess I was in, if I was made to stay I honestly don't believe I would be alive right now. What a hell of a journey. Good luck to those who are fighting to get home xxx
  12. 2tigers

     

    <p>Hi there, </p>

    <p> </p>

    <p>Hope all is well. </p>

    <p> </p>

    <p> </p>

    <p>Would you please see if you could get the sticky from chat "children - what happens......" linked as a sticky on the migration forum as well? </p>

    <p> </p>

    <p>Thanks</p>

     

  13. 2tigers
    Your welcome, I'm pleased I've helped one family see the implications of this law All the best to you xxx
  14. 2tigers
    Yes I agree, Mods - as well as being a sticky on 'Chat' forum, please can this be a sticky on the 'Migration Issues' forum?
  15. 2tigers
    Yep, this is correct what pommyoz says. Even if both are on temp visas you will still be breaking the HC and will be dragged back, and have to apply to court which costs a fortune and a long time. By which the other parent will probably have their permanent visa by then anyway. The HC is not about the parents and their situation, its about removing the child without permission from the other parent. The left behind parent will also be funded his/her legal fees until the child is returned. Then from there on the parent who wants to leave has to apply to court for a leave to remove case, which takes minimum 18 months. Its a 2 part court case. I know of a couple this happened to. Both born in the UK, son born in the UK. Arrived in AU and within 6 months split up. Her visa was linked to his, so because they had split up she wasnt allowed to work or claim anything. She jumped plane with their son and was dragged back through the HC. 2yrs later she eventually won her case, but within those 2yrs she had to sell the family home back in the UK to fund her case and herself and her son. She lived off handouts from the local church and moved from home to home throughout the 2yrs. Within those 2yrs she fell in love and her son settled in school, then when she won her case was told to leave within 28 days. Her sons and her life was so torn and mixed up. Its horrid, would not wish it upon my worst enemy.... the stress, I put on 3st 13lb in 2yrs and suffered depression which almost took my life with suicidal thoughts, there is nothing worse than not knowing if you can go home or not, its a prison sentence. If your reading this, please think of your children before you go, or even if you give birth there. Discuss this with your partner.
  16. 2tigers
    Quoll, they wouldn't even both need PR for this to happen. When the parents decide on the move, and make the move, a child becomes resident overnight.
  17. 2tigers
    I wish I had thought of the 'what if'...... I know its all in hind site now & its definitely taught me for the future.... I do hope this thread helps others to think before they just go ahead and 'do it'. What I feel sometimes is that people move to Aus thinking its a good excuse for a new start, a new future for them to start all over again..... but what if??????? yadda yadda yadda...... Hope I plant a seed in someone's mind with this thread, its so easy to just get swallowed up in love and happy endings, we refuse to accept it could go wrong.
  18. 2tigers
    Jeepers, poor you and poor daughter. Why on earth did your ex not allow her to leave with you if your not allowed to stay in the country? If things get messy or you want some free advice please contact this organization called Reunite Reunite International they are there to help families separated from their children, regardless if its child abduction or not. Of course child abduction and the Hague Convention are their specialty, but they can advise you or point you in the right direction for many problems regarding children and separation from a parent. I hope Christmas was as pleasant as it could have been for you all, and I hope 2010 is a much happier year. Take care x
  19. 2tigers
    Yep, its mad alright! Sadly enough your not the 1st one to have walked that path either. Please seek legal advice ASAP. If your ex husband does not agree to your daughter going home with you, you will have to apply to the court for an international relocation on the grounds that you can not stay in the country. If there is no way whatsoever that you can get a visa to stay, and your the main carer, from what I can see you should be able to take her home. BUT it could take a long time in court and lots of money & I am not of legal background. Maybe you could try to get your ex to do some mediation, which would mean you both tell your side of the story to someone trained to listen, and try to come to an agreement before it hits court. If you can do that, you will save a lot of money, time and heartache. Also, not sure what the age is where the courts listen to a child, but at age 10 they have their own thoughts in my opinion. Best of luck xxx
  20. 2tigers
    I feel you may have posted on the wrong thread? Or do you need some help with regards to the Hague Convention and, or, International Relocation?
  21. 2tigers
    Every now and again I pop on here, and each time I end up so sad reading about people stuck in AU and not able to go home. I wish Immigration would put a leaflet in their paperwork, explaining what you can and can not do. Its a law and its not publicized. I still suffer with the traumas I went through back in AU. My court case lasted almost 2yrs. The trial was 12 days. I know I am one of the fortunate ones. My heart goes to those who can not come home. If you are unfortunate enough to be caught up in the HC contact "Reunite" in the UK, they are experts in this field and are a charity. They gave me invaluable advice and support. Reunite International Best of luck xxxxx
  22. 2tigers
    Now that you have read this thread and aware of this law, I would say sit down with your partner and discuss this if you have children or planning to have them. Come to a decision that you both agree on before the move & put it in writing. With a solicitor if possible, at the time you write your wills before coming may be good timing. If you can't agree on what future you want for the children then it may be best to take a long hard think about your future. When buying a car, you check the whole thing over - its history, its MPG, its costs, its wheels, engine, seats, stereo.... every single detail, a lot is gone into making sure its the right decision! Same can be said for a house etc. Unfortunately some us don't put as much homework into life, we tend to go with our hearts. That's when trouble raises its head. We even buy insurances to cover any potential problems. I went with my heart with blinkers on, no plan 'B', and went through hell when it fell apart, a huge learning curve. Thankfully I am one of the few who get to go home. Not many do. Its better to be informed than to go through what I and many others have done. I don't wish my situation on anyone....... VISA's - do your homework. What happens to your visa if you separate? What can you claim? Are you allowed to stay in the country? Some visas only cover the spouse if they stay together......
  23. 2tigers
    You just made me cry! Ok, stop it, I'm going now!
  24. 2tigers
    Please moderators, this issue is one people need to be aware of, and in making this a sticky it may help someone. In the meantime, please everyone..... Bumpity bump this thread when you feel the need!
  25. 2tigers
    I will pop on every now and again to bump this thread, hoping that it will help people sit down and discuss their children's future - if one of you decide to go home.
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