GeeTee

Hey guys. thanks again for your comments.

The baby is due April 14th. Her tourist visa expires May 14th. She isn't giving me any information about her plans or the baby despite my regular requests.

A brief history: we were on working holiday visas, we were planning on moving over and settling eventually. 6 months into the trip, found out we were to have a baby, decided to go through with it, and so I sought out a sponsorship position as a chef. This was all in place to happen. During that time our relationship broke down to the point of no return, despite both our best efforts. We were incompatible. Despite therapy, numerous attempts at communication, etc. it was too difficult to maintain the relationship. Nobody cheated or did anything horrible, we were just different people. She kicked me out of our house, I was homeless, still expected to work and pay her rent. Throughout this time period (over Christmas) she still maintained that she needed me to put her on my visa as my partner as it was her dream to be in Australia and 'not mine'.

Long story short, my boss found out, he wasn't OK with that, and terminated the offer, so I had to return home. Since then she's been insisting that she stay and I have to pay for everything. Things have deteriorated to the point where she won't speak to me about what she's planning. She thinks I'm trying to 'take away her freedom' and that's why she doesn't wane me on the birth certificate, so I have no rights when it comes to decision making.

She works in a plant nursery. She told me she can't afford childcare, I told her that I won't pay for childcare as it makes no sense to pay not to have access to my daughter.

If she returns to the UK I can finish my teacher training, she can focus on being a new mum and have mine and her families support, she can get more qualifications and in 3 years we can reapply for good jobs which grant PR and move over when our daughter can appreciate her new environment.

Thanks for reading. Gx

1 minute ago, ali said:

I think the key will be whether your ex partner is able to stay in Aus or not.  Your child will not be an Australian citizen despite being born in Aus as neither of you were on a PR visa.  It will also depend on what type of visa your ex is being potentially sponsored for (as this may only be on the short term list) - she may very well have to return to the UK anyway.  Your best bet will be to consult a family lawyer in either country, but likely if your ex does manage to secure sponsorship, that you will have to utilise tourist visa's to visit.

Thanks Ali,

She'd be on a temporary 2 year work visa (unskilled i think).

2 hours ago, Tulip1 said:

Every child does have the right to both parents but that’s very loose as you can’t chop the kid in half and you can’t force a women who has legal residency somewhere to leave that country. Right now I can’t see she has residency but as you mention she could get a skill visa if she is able to and I’m not sure whether that would make any difference.  I’d be very surprised if any court in the land would remove a baby from its mother and send it to the UK to be with you. Right or wrong that won’t happen. If she remains there I assume your only option would be to see the child when you can which I appreciate is not good. You’ve asked for advice but I doubt you can get that on a chat forum. I’m only saying what appears common sense to me, of course they won’t take the baby off her and send it to you. I honestly think you need to speak with a solicitor. Best of luck.

I want to be clear that I don't want to take a baby away from her mother, I just want to pursue my legal rights to be in my daughter's life.

It's up for debate at the moment whether or not she'll be offered a work visa as she'll have a four week old baby with no support from family or me (the father) as my visa has expired. I'll support our daughter financially through child maintenance but I can't afford to pay her rent like i was when I was in Australia and we were still together.

If she decides not to put my name on the birth certificate, I can get a parental responsibility order through our courts and then according to law have a say in where she is raised. I also want to point out that I'm not doing this to be mean or vindictive or out of anything other than concern for the wellbeing of my daughter.

Thanks to everyone who commented so far. Gx

OK, understood. Based on my own research, both countries' family law states that every child has the right to have both parents in his/her life. How would this factor in?

Hey guys.

I'm in a very complex situation and am looking for specific advice. I won't bore everyone with the whole long story but i need certain questions answered. If you'd like the whole story pls DM me.

What is the procedure with regard to registering a child born to two UK parents? The mother is currently on a tourist visa which expires a month after the birth.

What happens if the father is not able to be there for this process and she doesn't want him on the birth certificate?

If she decides to remain in Australia on a skilled work visa, is there any way he can fight this as in the UK every child has the right to both parents?

Would any court proceedings happen in Australia or in the UK?

Thanks for taking the time to read this.

George x