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Seperation!


maddisonkelly

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Hi, I could really use some advice!

 

I have been living in Australia for nearly 2 years now with my husband and 2 children. We came to Australia on my Husbands skilled 175 visa.

 

However your marriage has broken down. I don't want to go into detail, I just feel like I can't take it anymore after 11 years of it.

 

The problem is I don't really know where I stand. I have read that I'm not able to take the children out of the country without his say so and that if I do legally they can be sent back to Australia. Not that I want to leave Australia. I know I need to get some legal advice, which I will be doing. However at this point any information would be greatly appreciated. :frown:

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Guest The Pom Queen

:hug:

As it is a PR visa you are eligible to stay. You would be entitled to rental assistance and family tax benefit.

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First of all, I want to give you :hug: Secondly have you tried to sort it out with your OH? Counselling etc? You'll find some solicitors can be a bit persuasive once you do get them involved and what could have been amicable even reversible becomes inevitable . I was a divorced patent if two small daughters and it isn't always easy. But if you are sure then you and your OH will have to sort out logistics finances etc. You do have your PR and can stay, you can't remove them from Australia without his permission and you will be entitled to Child Support. If you own your own house it could get difficult keeping it depending on how reasonable your OH can be. I wish you all the best it's a tough tough time your headed for to be sure .

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Haha, I was about to PM you the name of this forum when I answered your question elsewhere, maddisonkelly, because I knew they'd have even more detailed info for you than I did. And bam - here you are! Glad you found it. :) The folks here are great and very knowledgeable.

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Yes you are right. The children are both of yours and it wouldn't be right for either party to take them away out of the country to a foreign country.

 

Imagine how you would feel if your husband fled overseas with the kids !

 

You will need to discuss the care arrangements for the kids and both get legal advice as soon as possible.

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You don't mention where in Australia you are living. However, if there is a Women's Centre near you, it could be very helpful in providing free legal advice, financial options and all the other aspects you need to plan for.

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