BobinOz

Reading it again I think your interpretation is probably right RockDr. I think it's still worth looking into though, because unmarried fathers have less rights generally then married ones. A quick search suggests that much depends on whether the child was born before or after 1 December 2003. As you say, if this is a serious issue it's time for readybrek to see a lawyer.

Hi Readybrek You refer to your OH as "partner", does this mean you are not married to him? If this is the case, I would guess, and it is a guess because I am certainly not a lawyer, that you have no claim over his two children under the Hague Convention and he has no claim over your one child either. So if it were to all go wrong, you would go home with your one child (if you had to leave the country) and he would do whatever with his two. As for would you get deported, you should be okay to stay in this country for as long as your visa is valid. You say you are on his visa, but surely your passport has a visa stamped in it, so whilst you did come in off the back of your partners visa, you do now have your own. So, are you married or are you partners?

Wow. This thread is a real eye opener. I never knew. But when my wife and I emigrated here with our very young daughter, she is now five, we did go and see a solicitor here. The purpose was to create a will, as we had heard that if you die in Australia without one, just like in England, things can get pretty tricky. In the process of creating that will, we have also given instructions as to who should take custody of our daughter in the event of both of us dying. As we have both agreed and signed on this basis, I'm sure it is now in tablets of stone. Although we have selected for our daughter to be taken care of here in Australia and not returned to the UK. But I would suggest everyone goes to see a solicitor and makes a will and if you have children, make legal arrangements for their custody. This is a great thread, thanks for starting it.