Island Posted November 20, 2016 Share Posted November 20, 2016 HI there, just after some advice. I've seen similar threads, but this is kind of a legal question. We are dual nationals. After living in Oz for 15 years my husband wants to move back to the UK, mainly for work. I don't mind going back for a year or so but Australia is definitely home and the kids are 100% Aussies and love it here too. We have a great relationship and this is absolutely a worst case scenario, but if we go and kids and I hate it... but husband wants to stay... and it becomes a stale mate - what am I options? Do I have any legal ground on being able to come back to Australia and bring kids? Will I just have to stay in UK? I know the law is strict in Australia about taking kids away, just wondering which laws would apply to us since we are both dual citizens? Thanks for any advice. Quote Link to comment Share on other sites More sharing options...
Bungo Posted November 20, 2016 Share Posted November 20, 2016 HI there, just after some advice. I've seen similar threads, but this is kind of a legal question. We are dual nationals. After living in Oz for 15 years my husband wants to move back to the UK, mainly for work. I don't mind going back for a year or so but Australia is definitely home and the kids are 100% Aussies and love it here too. We have a great relationship and this is absolutely a worst case scenario, but if we go and kids and I hate it... but husband wants to stay... and it becomes a stale mate - what am I options? Do I have any legal ground on being able to come back to Australia and bring kids? Will I just have to stay in UK? I know the law is strict in Australia about taking kids away, just wondering which laws would apply to us since we are both dual citizens? Thanks for any advice. As far as I can tell the UK is not as strict as Australia, in that I have seen very many mothers win the right to remove the children, never seen one fail to be honest. However it would be a battle and probably a situation I would try to avoid getting into in the first place to be honest. Being dual citizens would have little, if any, relevance. Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted November 20, 2016 Share Posted November 20, 2016 HI there, just after some advice. I've seen similar threads, but this is kind of a legal question. We are dual nationals. After living in Oz for 15 years my husband wants to move back to the UK, mainly for work. I don't mind going back for a year or so but Australia is definitely home and the kids are 100% Aussies and love it here too. We have a great relationship and this is absolutely a worst case scenario, but if we go and kids and I hate it... but husband wants to stay... and it becomes a stale mate - what am I options? Do I have any legal ground on being able to come back to Australia and bring kids? Will I just have to stay in UK? I know the law is strict in Australia about taking kids away, just wondering which laws would apply to us since we are both dual citizens? Thanks for any advice. You would need permission from the Father to remove them back to Australia. If it was not given then you would need to go to court. Be very careful before you go that your husband is not intent on staying permanently, it's a scenario that you want to avoid. If you feel it is the case, then you need to stay here. Quote Link to comment Share on other sites More sharing options...
newjez Posted November 20, 2016 Share Posted November 20, 2016 As far as I can tell the UK is not as strict as Australia, in that I have seen very many mothers win the right to remove the children, never seen one fail to be honest. However it would be a battle and probably a situation I would try to avoid getting into in the first place to be honest. Being dual citizens would have little, if any, relevance. I thought that would be easier? If they have Aussie passports you wouldn't need to go through any of the visa hoops. Wouldn't the husband have to take legal action to stop them? Quote Link to comment Share on other sites More sharing options...
newjez Posted November 20, 2016 Share Posted November 20, 2016 HI there, just after some advice. I've seen similar threads, but this is kind of a legal question. We are dual nationals. After living in Oz for 15 years my husband wants to move back to the UK, mainly for work. I don't mind going back for a year or so but Australia is definitely home and the kids are 100% Aussies and love it here too. We have a great relationship and this is absolutely a worst case scenario, but if we go and kids and I hate it... but husband wants to stay... and it becomes a stale mate - what am I options? Do I have any legal ground on being able to come back to Australia and bring kids? Will I just have to stay in UK? I know the law is strict in Australia about taking kids away, just wondering which laws would apply to us since we are both dual citizens? Thanks for any advice.how old are the kids? Could you be separate from a year, as it would disrupt their education. Quote Link to comment Share on other sites More sharing options...
Bungo Posted November 20, 2016 Share Posted November 20, 2016 (edited) I thought that would be easier? If they have Aussie passports you wouldn't need to go through any of the visa hoops. Wouldn't the husband have to take legal action to stop them? It wasn't a question about visas or passports. The husband won't have to go to court to stop them moving, the onus would be on the mother to go to court to get permission. My money would be on her getting it in the end, but still not a pleasant process for anyone to go through. If she didn't get court permission and didnt have father's permission, then it would be abduction under The Hague convention. Edited November 20, 2016 by Bungo Quote Link to comment Share on other sites More sharing options...
Island Posted November 20, 2016 Author Share Posted November 20, 2016 HI Everyone, thanks so much for your replies, very helpful and I can now see the gravity of the situation so will have to have a very serious discussion about the move and his intentions. Really would hate it to ever get to that but to be honest I've never felt more at home than I do here.... although I'm English, I had a nomadic childhood and so although I'm open to making a new life in the UK, I'm not quite sure its what I want long term or what I want for the kids. The only thing is, whatever our intentions, we will never know till we go over there and give it a go... He might say he's prepared to give it a go but then never want to come back or the other way around - I might settle and love it and he want to return. Such a horrible situation and I've seen couples struggle with it the past. Anyway, fingers crossed we'll be on the same page... Thanks again, appreciate your advice. Quote Link to comment Share on other sites More sharing options...
Bungo Posted November 20, 2016 Share Posted November 20, 2016 HI Everyone, thanks so much for your replies, very helpful and I can now see the gravity of the situation so will have to have a very serious discussion about the move and his intentions. Really would hate it to ever get to that but to be honest I've never felt more at home than I do here.... although I'm English, I had a nomadic childhood and so although I'm open to making a new life in the UK, I'm not quite sure its what I want long term or what I want for the kids. The only thing is, whatever our intentions, we will never know till we go over there and give it a go... He might say he's prepared to give it a go but then never want to come back or the other way around - I might settle and love it and he want to return. Such a horrible situation and I've seen couples struggle with it the past. Anyway, fingers crossed we'll be on the same page... Thanks again, appreciate your advice. Yes there definitely is gravity in this situation. To be honest I also wonder if it is worth it for just a year in UK. Unless it is a secondment, I can't see how it would be better for work, it would just be job hopping and might even mean needing to take a step back. It would seem a bit disruptive for schooling too. And final point, well it is a very expensive thing to do, my moves to Australia and back cost £25-30k each way! Anyway that was not your question, but things to consider in the serious discussion you will be having. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted November 20, 2016 Share Posted November 20, 2016 I think there is a lot to talk about between you. I also agree with Bungo that it isn't worth it for a year. Quote Link to comment Share on other sites More sharing options...
xxlornaxx Posted November 20, 2016 Share Posted November 20, 2016 So how would anyone know they were moving back to Aus? Is everyone wth children stopped at the airport and asked to prove both parents agree to the flight? Just curious. Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted November 20, 2016 Share Posted November 20, 2016 So how would anyone know they were moving back to Aus? Is everyone wth children stopped at the airport and asked to prove both parents agree to the flight? Just curious. It's not that so much, that's the easier part in theory. However, if the children left without permission then the Father has the right to invoke the Hague convention and so the children would be forcibly taken back to to the UK. Quote Link to comment Share on other sites More sharing options...
Bungo Posted November 20, 2016 Share Posted November 20, 2016 So how would anyone know they were moving back to Aus? Is everyone wth children stopped at the airport and asked to prove both parents agree to the flight? Just curious. They might not / probably won't be stopped at the departure airport. But the parent left behind would report it, Interpol would be alerted and arrest likely to follow pretty swiftly. Probably upon landing if the other parent realises within 24 hours. Quote Link to comment Share on other sites More sharing options...
deryans Posted November 20, 2016 Share Posted November 20, 2016 They might not / probably won't be stopped at the departure airport. But the parent left behind would report it, Interpol would be alerted and arrest likely to follow pretty swiftly. Probably upon landing if the other parent realises within 24 hours. Yes, Borders in EU, specifically UK, Irish and French are very alert with strong formal co-operation to child movement, even with both parents present, they positively id the kids and check, with one parent present, they do the same and also check the bulletins, mine were asleep in the back of the landcruiser after a long journey to the d-day beaches this year and the Le Harve border patrol opened the door, lights on and checked the children (still sleeping) visually, they sat up looked at her and then plopped back to sleep (phew), this is good practice and i was also quizzed as to where my wife was, what we'd been doing, where we were etc, the whole thing took less than 3-5 min, and time well spent. The more checks the merrier where children are concerned would be my feeling. Quote Link to comment Share on other sites More sharing options...
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