Tina2

Hi Steve will pm you

Lived in the Graceville / Indooroopilly area for many years, you cant go wrong. Great train into the city though parking at Indooroopilly Shopping centre is a total nightmare. Schools are fantastic and far less expensive than private schools in Vic. St Peters Lutheran is a school worth considering at St Lucia, but you are spoilt for choice in that area really, be it a state school or Private school.

Please be aware, that it is not just if one of you wants to return to the UK or move to a different country and one wants to take the children and the other parent objects, it is just the same if one of you wants to move with in Australia and take the children. With out both parents being in full agreement you can not move "anywhere" and take the children. The Family Courts attitude is very much - either parent can go anywhere they want to go but the children remain with the other parent. Family Court Law in Aus is close to barbaric. If you decide to fight it out in Family Court expect to be looking at thousends of dollars in costs, even hundreds of thousends in costs and the emotional effect on all concerned is extream. My strongest advise is IF the worst happens work it out between yourselves with the advise of a lawyer if you feel the need, but do not step foot inside Family Court because once you do you have handed FC your life and the lives of your children.

I am sorry that sounds very difficult. I think a chat with a free community legal service would be a good way to go. I hope it all works out for you. Just one word of advise what ever you do dont go down the road of getting involved with the Aus Family Court system, it will destroy your life and take over your life and the life of your children. Worse case negotiate with your husband come to a resolution you can both live with. Good Luck

Thanks both. Husband is in the UK.

 

We are not officially separated in that he has not told me he has left me as such, but he has taken a job on the other side of the world ' for a year or so'. Things are strained to say the least so yes I am worried enough to post on here......I want to try salvage things but need to understand the risks.

 

He could come here for Christmas but it would just be a few days so I was thinking of taking the children over for the full 6 week summer (or rather UK winter) stint.

Things could go great during our time there but it could also be the end and I want to understand if things turn sour could he insist the children stay in the UK after a 2 month trip?

 

My eldest is almost adult but my 2 youngest are both only 3 years old.

Was your husband born in the UK ? There are many free community legal information centers you would get correct and up to date advise from just a case of googling them for your state. Here is one for Qld http://communitylegalqld.org.au/find-legal-help/find-centre/browse-directory and NSW http://www.clcnsw.org.au or contact womens legal service again here is one for Qld https://www.wlsq.org.au but lots on the internet and they are free, only basic advise but that should be enough for what you need right now.

I've read this entire thread, but still have a query.

 

My children and I live in Aus. My husband has just taken a job and moved overseas. We are not officially separated (other than literally by miles).

I'm thinking of taking the children to spend Xmas and January with him. If we did that and things turned sour could he refuse them flying back? Could we get stuck overseas?

 

Would having a return ticket and a tenancy here be enough to show this is the childrens home? I'm trying to be the bigger person and do the right thing taking my 3 children to follow him, but i'm now worried that it could be foolish.

The other question is, is the country he is working in his birth country ? If not then not sure if he would have the right to keep the kids with him, but as Sammy said just be careful. Check out the country he is now in and what their laws are in regards to relocation of parent and children all countries are different. I tend to agree with Sammy let him come back to Aus for Christmas, and dont let the kids anywhere near a middle eastern country

as I said before many "family law" firms will give brief free advise, dont know what state you are in but as for your inquiry give these people a call http://www.legalaid.nsw.gov.au/what-we-do/family-law if you google you will find one for each state.

Another good source of help is http://www.nsw.relationships.com.au

Also this has info that should answer your question. http://www.ncsmc.org.au/wsas/legal_system/faq.htm#Can I stop the childrens father taking them overseas it applies to both mother and father.

If you can avoid the family court do it at all costs

The court we were involved in was told by a pysologist and my granddaughters own lawyer that she should not have to visit her father as there was no realtionship between them and forcing her to visit would be detrimental to her well being

The bloody Judge took no notice at all said she was sick of hearing kids who would not do as they were told and gave the father visitation rights !!

100% agree the court reporter in our case recommended 50/50 access despite all the evidence pointing to serious emotional abuse of the children and serious lack of medical care of the children while on access, court reporter met the kids and parents once for 1/2 hour and based on that pushed the recommendation as this is now the "norm". Kids can only now be described as an emotional mess and not a thing can be done unless we can find several hundred thousend to go back to court and even then I doubt it would improve the situation. Kids have gone from A+ students to D grade students. Other issue is once you are allocated a Judge you are stuck with that judge till the kids turn 18, so if you get one who appears bias towards one parent well again nothing you can do.

HI

 

Me and my wife moved out with the children two years ago and left behind two older children from previous relationships to have a better life in oz,now my wife wants to go back with the children to spend time with her new granddaughter,we have not received our PR yet but should receive this in june. me and the children are having a great life in oz and i really want them to stay,could someone please explain if my wife can take the kids back without my consent due to us not being permanent residents or is their nothing i can do

Look on the internet there are lots of Law firms that give a free short consultation. Or contact "Relationships Australia", she cant take the kids out of Aus with out your approval if she does not intend to return. If it gets unpleasent a lawyer can put a hold on the childrens passports so they cant leave. I do encourage you to try to resolve this between your wife and yourself, getting involved in the AUstralian Family Court system is not only extreamly expencive but emotionally destroying for everyone involved.

Your welcome. I was involved with school uniforms for close to 30 years so know a fair bit about a lot of schools, and due to my OH job we have also lived in lots of places. Lived up on the Cypress Hills Estate in Berwick for a few years and it is a really nice place.

Have a look at this it is the high school for Berwick http://www.berwickcollege.vic.edu.au

There are 4 primary schools in Berwick all on a par with each other academically, again comes down to where you feel your child will be happiest. http://www.berwickfieldsps.vic.edu.au or http://www.berwickprimary.vic.edu.au/welcome.htm or http://www.berwicklodgeps.vic.edu.au or http://www.berwickchaseps.vic.edu.au

Its a fair drive from Mornington to Footscray around 82km and the roads are busy. Just a thought but have you had a look at Berwick ? not on the beach and if you want the beach this will not suit, but really nice area about 52km to Footscray, has very good primary and secondary state schools. Fountain Gate Shopping Centre just up the road.

This might help you http://www.whereis.com You can key in any place and press search and it will show you where it is on a map, or press directions, key in 2 areas so Mornington and Footscray press enter. It shows the route on the map and the distance and time to get there on the map. On the left is a list of all sorts of things shops, schools, medical centres, etc click on any you want and it shows them on the map and even gives you details like there address and phone number.

Mount Eliza Primary is also very good http://mtelizaps.vic.edu.au as far as state high schools go there is not really much difference between Mount Eliza State High and Mornington State High. Both have good and not so good points. Really a personal thing which you feel fits your child best. Meet the principle ask lots of questions and have a good look around the school. Then go for a coffee and ask the staff "what do you think of X school ? We are thinking of enrolling our son/daughter " You should get a fairly un bias answer

Here is the link to the my school web site where you can find the Naplan results. http://www.myschool.edu.au Benton Junior College (state school) primary might be worth looking at http://www.benton.vic.edu.au

The Hague Convention is gaining a lot of attention right now in the UK with one TV company interested in making a documentary. Also the UK TV program about relocating to AU has also shown interest. If you would like to find out more, there is a Facebook group. Its not just for Mums, its also for Dads. Its not just for Mums, its also for Dads.

Lets hope this is some sort of turning point and that finally the general public will start to hear of the horrors of the family court. Knowledge is power. If you know what might happen then you can at least prepare for that, it is not knowing and then having your world turned upside down that needs to change

Benton Primary is a good school. http://benton.vic.edu.au/photos-and-links/photo-galleries/1/general-photos-september-2012/

Toorak is an excellant school co-ed in primary and then girls only in Middle and senior. http://www.toorakcollege.vic.edu.au

The Penninsula School is a very good private school prep to Gr 12 Co Ed

Have a look at http://www.myschool.edu.au just key in an area and it will list all state and private schools in that area. On the left click on Naplan, then click on numbers and it will give you academic results, but dont go on this completely as some schools are not letting struggling students sit Naplan as it lowers a schools over all results.

So much info in this thread I just hope people read this before getting on the plane.

This might help http://www.barker.nsw.edu.au has a very good name, dont know about wait list but work asking and having a look.

opps sorry should have check the age of your girls they only take boys in junior school

Hi Tina2.....

 

That is a very good question and I would like to say that the simple answer is of course yes, however, there are a lot of legal guarantees that will need to be put in place before this was to take place. Given the fact she abducted them in the first place my first priority needs to be to safeguard the children so it can never happen again.

 

Finances also come into this as the whole process has crippled us, so something as simple as actually buying the tickets is now a huge undertaking.

 

Having said that I do believe that in an perfect world children would have a both a mother and a father in their lives, but I think we all know there's no such thing as 'perfect' world and it remains to be seen how things progress from here.

Can you get legal aid ? There are lots of community lawyers who work in various area's and are able to give free advise. I only say this because (you may know already) you can put the children on the airport watch list, which means if your ex or "someone" were for example take them from school and to the airport they would not be allowed to travel. Of course you concern is that if they go to the UK on holidays then this might happen all over again. Maybe the simple answer is to have the mother visit Aus to see the children, and being on an airport watch list she would not be able to get them out of the country to return to the UK with her. I hope at the least you will allow SKYPE access on a very regular basis.

I more than understand legal costs. Our family has been wiped out by them, even had to sell up and buy a smaller less expencive house. Something really should be done about the cost of lawers.

Delighted to update you all and let you know that both children are now home in Australia. It was an extremely emotional reunion for them both and they are now back to some kind of normality and have picked up where they left off before the whole saga began and are immersed themselves in their school and circle of friends.

 

I would just like to say thank you for all the support I have been given both publicly and via PM's. It has been a long process and an extremely taxing one both emotionally and financially and one that needn't have happened.

 

However, it's all behind us now and we move onto the next hurdle, but we do do so knowing that the children are well cared for and are in a settled environment.

 

Thanks again....

Good to hear you are now happy and your children are back with you and doing well. May I ask will they still get to visit there mother back in the UK.

Thanks Tina,

 

Yes, I also don't like the church being involved and I didn't know that. I booked a tour at Berwick Primary . If it turns out better (As you mentioned, it should be), I will withdraw the enrolment from Brentwood.

 

Shyalika

I think "different" rather than better. Both are good schools but offer different things, only you will know what is best for your family. Berwick is a lovely place, lived up in Cypress Hills for a few years.

http://www.brentwoodparkps.vic.edu.au/our_school/community-partnerships-berwick-church-of-christ/

Also many schools in Aus especially state schools work on the "open Plan" idea, some love it some dont. Many rooms have sliding walls so the room can be split in to two areas if required. Lot more of the "team" idea thus the large desks so children can be split into groups to work on projects.

Hi All,

 

We just moved to Berwick (we are building a house in Berwick waters) and searched for a primary school for my son to start prep next year. Due to our location I only had three options Berwick Primary, Brentwood Park Primary and Berwick chase. Berwick primary responded saying it's full and I added my self to waiting list. out of other two. I didn't like the attitude of the principle of Chase and open class room thing. Brentwood park principle was very good and knew students by name. Also the students seemed well focused even when we were walking around them. So I submitted the enrolment form then and there as we are running out of time. However the schools looks a bit old and I do not see much on it on the forums

 

However today I got a call from Berwick primary saying we have a slot available. Could anyone tell me whether ignoring it and going with Brentwood be a good idea? both schools have good statistics on mySchool website but I still haven't seen Berwick Primary. I am all stressed out with all these including building the house etc. But I really need the best for my son. I need to take a decision very soon

 

 

Thanks in advance

 

Vilani

Make an appointment to have a look around Berwick and a chat to the principle, you will know where you feel most comfortable and where you think your child would be a good fit with the school. Berwick having a wait list shows they have a lot of parents wanting to enrol their child. Brentwood has a chinese program so this may be of interest to you, but Brent wood also have an affiliation with the local church, I know from posts on other thread some parents dont like the church thing so this may or may not factor into your desision.

Okay, although I don't know you from Adam.

But at some point if you keep losing it must be that the law favours the other party.

 

I know it is hard to be dispassionate when you are in the middle of it but perhaps your side is in the wrong.

That is why I wanted to understand as you keep making disparaging comments with no detail to back it up.

Sorry it seems that way, but anything put on the net be that a forum or even face book that can be linked back to a party involved in a FC case can and will be used against them. same with there being a ban on media reporting on FC cases.

Tina, Are you supporting a son whose wife left the country with the kids ?

Cant give details that is a big No No in family court action.

Can costs be awarded against the party who has broken the law ?

I would have thought so.

Depends on the judge. We have tried for costs on all occasions but always been told each litgant will pay there own costs.