Children law

[Nicoleshep]

Hi

 

Please can you help me.... me and my fiancée are due to move to Queensland in feb next year however we seemed to be on a break.

So I’ve left the house with our children and moved back to my mums, me and the children have our partner sub visa come through which need activating and deep down he wants me and the kids to go over there to try make it work.

 

My question is where do I stand legally if we don’t work and me and the girls move home am I allowed to do that or can he use certain legislation to prevent this from happening

 

My head is everywhere at the minute in terms of getting back together but I just need to know this answer because if we do go and me and him don’t work my children will be coming back home to the U.K. with mummy.

 

Look forward to your help and advice

[Sammy1]

I am a little confused by your post. Do you mean that if you all come together and then it does not work out, can you move back to the UK with the children?

The answer to that is no, not without his (the Father's) or the court's permission if it progresses to legal intervention. If he does not give permission and you just leave, then the Hague convention comes into play.

If your relationship is shaky and there is a possibility that this might occur, then think long and hard before you come.

Edited November 4, 2017 by Sammy1

[Guest]

Personally i wouldn't be going if the relationship is already shaky which clearly it is by what you're saying. Given that the Hague convention would come into play if the father says no to them going back with you. In all honesty a court is unlikely to grant you permission to return either. Do some research on the Hague convention. Many parents find themselves and their children stuck in countries with no option to return to the country of origin. 

[Toots]

Think very carefully about coming to Australia to live if your relationship is in any way a bit shaky especially if children are involved.

If you take the children out of Australia without permission and there are court proceedings or orders, you could be committing a criminal offence

Regardless of whether any court orders are in place, Australia has an agreement with many countries (the Hague Convention) which requires these countries to send the children back.

[Cerberus1]

There’s lots and lots of threads about this on the forum from members who’ve gone through similar situations. One of the main threads is

If you use the forum’s search facilty and search for ‘Hague Convention’ there’s lots of discussion topics.

[Quoll]

Yup, what everyone else has said!

No, if you go but then want to return and he says no, the chances of you being allowed to leave with your kids are zero. If your relationship is in the least bit shaky or you aren’t convinced that it’s going to be what you want out of life then absolutely do not do it.

[Tulip1]

Agree with what everyone else has said. Also, if it's not working in the UK not likely to work in Australia. A relationship under strain will be even worse in a new country away from everything to know.  You have to be a strong unit with real positivity to make it work and when it works it can be amazing.  This isn't just barney, you've moved out. If it's to be it will be but I'd say get your relationship where it should be first before you even consider a move.