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Mistymoo

Non resident Returning to Australia with son

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Hi I am currently on a 461visa. I had my son in Australia 2yrs ago but due to my partner being violent and his addictions I had no choice to end the relationship and return to the UK with my son for his sake. I have been home 2yrs now and cannot settle and would love to return to Australia. I have a job lined up with a previous employer but after rent and childcare I am worried I would not financially be able to provide for my son. Although I am not an Australian Resident my son is, as his Dad is Australian so i am wondering would I be entitled to family tax benefit or child care benefits or anything through my son being Australian? 

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Not sure if you could be eligible or not. Hopefully someone can shed some light. 

Also if you wanted to claim from the father is he in a position to pay. Is he going to want access and rights to see his child and be a primary carer or some such? You said he was violent and had addictions. Is this a wise thing to move back where he may well have legal rights also with regard to your child? 

Have you researched the ins and outs of your legal rights re your child and partner should you return to Aus. You could be opening up a can of worms should you only be on a temp visa. Also if you wanted to leave Aus again to live elsewhere the father could object and refuse to let your son go with you. All things to think about. 

 

 

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Thanks for the reply. Yes I would he taking a huge risk by returning only on a temperory visa and the risk of the father objecting to me returning to the uk in the future. My ex said he eventually would like to have my son for every second weekend. Which is fine but he doesn't have stable accommodation and always on the move as he cannot pay rent due to addictions coming first. It's very hard to settle here in the UK after a the lifestyle in Australia and I had my dream job there. My child loves the outdoors and think he would love that lifestyle in oz aswel.  I did see a lawyer here about rights but wasn't very useful as she didn't know the legal system in Oz very well. 

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41 minutes ago, Mistymoo said:

Thanks for the reply. Yes I would he taking a huge risk by returning only on a temperory visa and the risk of the father objecting to me returning to the uk in the future. My ex said he eventually would like to have my son for every second weekend. Which is fine but he doesn't have stable accommodation and always on the move as he cannot pay rent due to addictions coming first. It's very hard to settle here in the UK after a the lifestyle in Australia and I had my dream job there. My child loves the outdoors and think he would love that lifestyle in oz aswel.  I did see a lawyer here about rights but wasn't very useful as she didn't know the legal system in Oz very well. 

I’d be very cautious if looking at a temp visa. You could find you can’t take your child with you should your visa end and your ex refuses to let your child go with you. Australian courts seem to favour the child remaining in Aus. 

Also, if the father doesn’t have a stable home or life I’d be very wary about every other weekend. Or anything if he has an addiction. How can you trust care of a child to a person who is quite possibly not fit to care for them. 

You seem prepared to risk a great deal for a very uncertain and worrying future I feel. I’d be hitting the brakes and fully informing myself of legal rights and leave to remove a child from Aus or the lack of being able to do so. The situation you are going to is far from great sounding. Is this fair to your child or you. 

 

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