janey7 Posted January 17, 2013 Share Posted January 17, 2013 Is it child abduction if you go home for a holiday with your kids, you're still together with their dad, but decide you want to stay at home? Link to comment Share on other sites More sharing options...
RoseBrown1972 Posted January 17, 2013 Share Posted January 17, 2013 think you need more advice on this but think yes due to the hague convention, as you are keeping them there without his permission. I assume it would all hinge on whether you expect him to try and get the kids back Link to comment Share on other sites More sharing options...
Quoll Posted January 17, 2013 Share Posted January 17, 2013 That's an interesting one and you would definitely have to have legal advice on that. If you all (inc dad) come back for a holiday then you decide to stay - you could claim ordinary residence in UK (they say that as soon as you set foot in Aus you can claim that, so is the converse true?) and if you registered with docs etc that would be evidence so then would he have to make a claim in the UK courts for leave to remove? I have no idea but its a bit different than you doing a runner with he kids without his permission - only a lawyer would know the answer (because the law is an ass on occasion!) Link to comment Share on other sites More sharing options...
SKW Posted January 18, 2013 Share Posted January 18, 2013 I don't know the answer to your question but just wanted to say I'm sorry you're in this position. Must be so difficult to want to go home and have to face these issues on top. Thinking of you. Link to comment Share on other sites More sharing options...
Kerry Pollard Posted January 18, 2013 Share Posted January 18, 2013 Is it child abduction if you go home for a holiday with your kids, you're still together with their dad, but decide you want to stay at home? Awwww, i so feel for you, I thought I was going to be in that position but thankfully my OH saw sense, but try this http://www.reunite.org/ It's a place in the UK, I emailed them or u could ring them, they deal with this sort of thing, cause I did speak to someone at the British Embassy but they just said u need proper legal advice as they knew of someone going to the UK and then being brought back but not sure she had permission to leave OZ in the first place. I rang a solicitor and they wanted $200 for half an hour, all I wanted was some advice. I hope u get it sorted. It's horrible being in a place u don't want to be. X Link to comment Share on other sites More sharing options...
fizzybangs Posted January 18, 2013 Share Posted January 18, 2013 If the children were born in Australia and you said you were going for a holiday and didn't return then yes, It is illegal and does come under the Hague convention. did you see that story that was on the news so much about the Italian father that got his children back? It involved the police here and the children were forcibly removed from their mother here and sent back to Italy. she too had said she was coming here for a holiday and just didn't return. It works both ways - hers had to go back to Italy and yours would have to come back here. However, if your children were born in UK and are British Citizens then I am not at all sure. I cannot see how Australia can insist on them being returned to a country that is not their birth country - legal advice would be needed. Link to comment Share on other sites More sharing options...
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