Search the Community
Showing results for tags 'hague convention'.
Found 2 results
2tigers posted a topic in Kids Down UnderIf 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.
My partner and I and children (I have just had a baby) have an application in for a visa to Australia. When we first applied the plan was to go to Oz for five years or so, but subsequently my partner has decided he wants to go for life. I thought I would be able to return to the UK to live at any time (after the five years agreed with my partner), but sadly research has thrown up the Hague Convention which means that despite the fact we are all British, I would not be able to return with my children unless I had my partner's permission which I do not think he would give. My partner is determined to go with or without me and the children. I am now in two minds what to do - on the one hand there is the australian dream of sunshine, beaches and a new start after a turbulent few years where we have not had a lot of luck, but there is the real risk of losing my children if either the relationship does not work out or if I am so unhappy I want to come home or if the rellies are ill etc. On the other hand I could stay in grey Britain with a new life as a single mother, trying to explain to my first born why she does not have a Daddy anymore, but at least I get to keep my children. I will not be able to get any financial help from my children's father as he will be abroad nor obviously any emotional or practical help with school runs and all the things to do with bringing up children. I worry about the children not having their Dad and whether they will blame me in the future for them not going to Australia/being a family. The visa is imminent and I will need to remove my name and the children's names from the visa which is tortuous as it is so final in terms of the Ozzie dream, my relationship with a man I love so much, and the children having their father around (please excuse the emotion but I have recently given birth and am inevitably feeling more vulnerable and I am very upset at the moment). Whichever way I go, I will wonder whether I have made a mistake? And it will be too late - if I choose to stay in UK now, I wouldn't have enough points if I reapplied in the future to join my partner, if I go to OZ and it all goes pear-shaped, I can't keep my children. If only I had known about the Hague Convention before applying for a visa, or if only the law were not so strict....but if I had absolute trust in my partner like obviously the rest of you have, perhaps I would not be in this predicament at all. By the way, my partner will not sign a legal agreement to say I could keep the children. Comments or advice please.