Don78 Posted February 16, 2018 Share Posted February 16, 2018 Hi, we have just been granted our skilled visa with the OH being the applicant and myself and children as dependents. My question is I know we have to activate the visa and make the move in 5years no longer but, here my question things are not great in relationship and unsure on where I would stand if I left him if we made the move to oz what my rights would be or if we stayed here and he moved alone where I will stand with child support for the kids any help?? Confusing times as I know the life out there would be amazing for my kids ? Quote Link to comment Share on other sites More sharing options...
Nemesis Posted February 16, 2018 Share Posted February 16, 2018 41 minutes ago, Don78 said: Hi, we have just been granted our skilled visa with the OH being the applicant and myself and children as dependents. My question is I know we have to activate the visa and make the move in 5years no longer but, here my question things are not great in relationship and unsure on where I would stand if I left him if we made the move to oz what my rights would be or if we stayed here and he moved alone where I will stand with child support for the kids any help?? Confusing times as I know the life out there would be amazing for my kids ? If you split up in oz you may have problems if you wanted to bring the children home. Quote Link to comment Share on other sites More sharing options...
LKC Posted February 16, 2018 Share Posted February 16, 2018 There is a thread about this sort of situation. If there is any sort of possibility that you might separate, I would seriously reconsider whether moving over to Australia is the right thing to do, because you might find yourself in a situation that you can't get out of. Here is the other thread, I would advise you to read it through. . Quote Link to comment Share on other sites More sharing options...
Quoll Posted February 16, 2018 Share Posted February 16, 2018 Hi, we have just been granted our skilled visa with the OH being the applicant and myself and children as dependents. My question is I know we have to activate the visa and make the move in 5years no longer but, here my question things are not great in relationship and unsure on where I would stand if I left him if we made the move to oz what my rights would be or if we stayed here and he moved alone where I will stand with child support for the kids any help?? Confusing times as I know the life out there would be amazing for my kids [emoji22]Life wouldn’t be in the least bit amazing if they were left with parents who split up and a mum who couldn’t take them back to U.K. even if she wanted to. Given the precarious state of your relationship you might be better either getting that sorted or solved in other ways. You might find that your network of friends and family is worth quids in the event that you become a single parent. Don’t underestimate the impact of isolation. Several folk on here have been caught by the HC one way or the other and they may be along to tell you how easy it wasn’t. 1 Quote Link to comment Share on other sites More sharing options...
Gbye grey sky Posted February 16, 2018 Share Posted February 16, 2018 To make a move work for any family both parents must be united with common goals. Without a strong partnership the move will not work out and it is most likely that cracks in the relationship would quickly become fissures. If you are contemplating divorce bear in mind how financially ruinous this is and then throw in tens of thousands more expense moving back and forth to Oz. You are even contemplating that he may leave you all behind and not pay any child maintenance. Perhaps you need to speak with a solicitor to find out your options in such a scenario. 2 Quote Link to comment Share on other sites More sharing options...
Guest Posted February 16, 2018 Share Posted February 16, 2018 What the others have said. Don't go anywhere or do anything moving wise with things are they stand. You are risking being stuck in a country for a long long time if you and your husband separate over there and you hate Aus or don't wish to remain there long term with the kids. If he didn't give permission for you to take the kids back to the UK to live you are stuck there. People can and do change their minds on things in the event of a marriage break up. What was said can often go out the window so don't bank on anything said beforehand, promises made by either of you as holding true should you separate. If you have any doubts, ANY doubts whatsoever your relationship is on the rocks, if you validate on a holiday, hold off on moving till you are in a position to know what is what and what you full legal rights are. As someone else said, big concern also that you are saying about husband leaving and moving and you remaining and seeking child support. There is info on this but you really need to seek proper advice and do some research into it all. Quote Link to comment Share on other sites More sharing options...
Beffers Posted February 16, 2018 Share Posted February 16, 2018 If you decide to make the move, do so first having all the facts. If you move, then break up say after a year and then you want to come back to UK, you will not be able to bring your children as international law will recognise their home as Australia, and you will need both your (by then) ex partner's permission and a court order to remove the children legally from Australia. If you leave the country with your kids and without the aforementioned procedures being followed, you can be pursued for child abduction. Look up the Hague Convention. Also if you do decide to go, you need to consider the possibility that if you do split, you could be in Australia for a very long time without your support networks at hand. And also whilst Australia does have a child support system, similar to the UK, the cost of living here is much higher and you need to consider the possibility of becoming a single working mum supporting your own kids and keeping a roof over your heads etc. Think practically. You seriously need to have a long hard think about the future, before you commit to anything. And you and your partner need to sit down and have a conversation that covers all these eventualities. If you do move and then split, is he going to grant permission for you to leave the country and take his kids away from him (which is how Australian law will interpret it). Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted February 17, 2018 Share Posted February 17, 2018 14 hours ago, Don78 said: Hi, we have just been granted our skilled visa with the OH being the applicant and myself and children as dependents. My question is I know we have to activate the visa and make the move in 5years no longer but, here my question things are not great in relationship and unsure on where I would stand if I left him if we made the move to oz what my rights would be or if we stayed here and he moved alone where I will stand with child support for the kids any help?? Confusing times as I know the life out there would be amazing for my kids ? It is no more amazing for kids than any other first world country. Just different. Quote Link to comment Share on other sites More sharing options...
Booma Posted February 17, 2018 Share Posted February 17, 2018 in my opinion oz is amazing & a totally wonderful place to raise kids but getting settled in a new country is hard work. a poor relationship is unlikely to survive the strain it puts on you. better to sort out your relationship first & then decide what to do. I hope things work out. 3 Quote Link to comment Share on other sites More sharing options...
newjez Posted February 17, 2018 Share Posted February 17, 2018 10 hours ago, snifter said: What the others have said. Don't go anywhere or do anything moving wise with things are they stand. You are risking being stuck in a country for a long long time if you and your husband separate over there and you hate Aus or don't wish to remain there long term with the kids. If he didn't give permission for you to take the kids back to the UK to live you are stuck there. People can and do change their minds on things in the event of a marriage break up. What was said can often go out the window so don't bank on anything said beforehand, promises made by either of you as holding true should you separate. If you have any doubts, ANY doubts whatsoever your relationship is on the rocks, if you validate on a holiday, hold off on moving till you are in a position to know what is what and what you full legal rights are. As someone else said, big concern also that you are saying about husband leaving and moving and you remaining and seeking child support. There is info on this but you really need to seek proper advice and do some research into it all. It put a strain on our relationship, and we were rock solid. There are several 'stuck in Oz, partner won't release children' threads for the op to research. Quote Link to comment Share on other sites More sharing options...
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