MrsShields12 Posted March 27, 2018 Share Posted March 27, 2018 (edited) Hi all , So I see there is already a post pinned about what happens to children if someone wants to return home to the UK. I was just granted my PR for Australia and we plan on relocating in June this year. I have two children with my husband and I’ve very well aware I would need his permission to return to the UK if anything was every to breakdown. Now my main question is , I also have an older son , He is 14 he also has been granted PR . I have sole parental responsibilities of my son , He is not a biological child of me and my Australian husband , Again with my husband being sponsor and his step dad ( no legal rights in place though ) Would I need his permission to take my oldest son back to the UK , if Australia was now deemed his habitual residence ?? Does my husband gain any sort of legal rights to my son if god forbid anything were to happen to me , could he live with my husband and his brother and sister ? I don’t know where to start asking about it. Edited March 27, 2018 by MrsShields12 Quote Link to comment Share on other sites More sharing options...
Phoenix16 Posted March 27, 2018 Share Posted March 27, 2018 Ok, I had to read your post a few times to unravel it! So I’m assuming you’re in the UK sms planning on a move to OZ, with the children you have with your husband, and a child you have from a previous relationship who was also granted PR. First question, do you have authorisation from your eldest child’s father to relocate him to OZ? That’s the initial hurdle you face, assuming you do, you are then asking if your husband, who is your child’s step parent, automatically gains parental rights when you arrive in OZ and as such. Can prevent him from leaving the country against his wishes.... my knee jerk response is no, of course not but I am certainly no expert and could be massively wrong, you poses very interesting question, one I’ve not actually seen before but I wish you all the best and will watch this thread with interest xxxx Quote Link to comment Share on other sites More sharing options...
Skani Posted March 27, 2018 Share Posted March 27, 2018 1 hour ago, MrsShields12 said: I’ve very well aware I would need his permission to return to the UK if anything was every to breakdown. You wouldn't need his permission....but the 2 children of your relationship with him would need his permission to return with you. I'm not sure about your older son. I doubt he would need your husband's permission....but that would need checking. Quote Does my husband gain any sort of legal rights to my son if god forbid anything were to happen to me , could he live with my husband and his brother and sister ? You should have a legal will which expresses clearly who you wish to be guardian of your son in the event of your death. All parents should do this. Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted March 27, 2018 Author Share Posted March 27, 2018 Yea I worded that pretty badly but you’ve gotten the message sorry . It was also a “ what if something happened to me and my oldest son wants to stay in Australia with his step father and siblings . As he has PR will he be allowed to stay. Regarding his biological father , he has no rights what so ever . I live in Scotland and prior to May 2006 if a couple aren’t married at time of birth or subsequently there after , the father didn’t get automatic rights . he doesn’t bother with him anyway . Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted March 27, 2018 Author Share Posted March 27, 2018 Yea I worded that pretty badly but you’ve gotten the message sorry . It was also a “ what if something happened to me and my oldest son wants to stay in Australia with his step father and siblings . As he has PR will he be allowed to stay. Regarding his biological father , he has no rights what so ever . Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted March 27, 2018 Author Share Posted March 27, 2018 As soon as we get to Australia I’ll have this dealt with . I didn’t want a will written up in Scotland then have lots of hassle because we moved over seas. 1 Quote Link to comment Share on other sites More sharing options...
Phoenix16 Posted March 27, 2018 Share Posted March 27, 2018 10 minutes ago, MrsShields12 said: Yea I worded that pretty badly but you’ve gotten the message sorry . It was also a “ what if something happened to me and my oldest son wants to stay in Australia with his step father and siblings . As he has PR will he be allowed to stay. Regarding his biological father , he has no rights what so ever . I live in Scotland and prior to May 2006 if a couple aren’t married at time of birth or subsequently there after , the father didn’t get automatic rights . he doesn’t bother with him anyway . Your 14 year old has been granted PR so (from my own ignorance and need of understanding!!) I’m assuming he has full rights to move to OZ and the father considerations were dealt with to satisfaction of Oz government! I would imagine your sons PR gives him complete rights to remain in OZ, take up citizenship eventually if he wishes has no strings attached to his step father, although would hope and assume there is a strong, supportive and nurturing relationship between them regardless!, Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted March 27, 2018 Author Share Posted March 27, 2018 Yea I worded that pretty badly but you’ve gotten the message sorry . It was also a “ what if something happened to me and my oldest son wants to stay in Australia with his step father and siblings . As he has PR will he be allowed to stay. Regarding his biological father , he has no rights what so ever . Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted March 27, 2018 Author Share Posted March 27, 2018 thank you all for your advice , I guess I’m just getting overwhelmed, thought I’d have more time , Our PR was granted in 4 weeks . We are happily married , great family unit I was just stressing incase something happened to me and my older son was forced to leave Oz . Or if we divorced ( not Happening ) just a little daunting as we need to move as quick as my husbands uk visa runs out in August . Thank you for your advice xx Quote Link to comment Share on other sites More sharing options...
ali Posted March 27, 2018 Share Posted March 27, 2018 Have you considered your husband adopting your eldest? not 100% - but would think that would give him parental responsibility and he would be his legal guardian if he was still a minor and something happened to you. Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted March 27, 2018 Author Share Posted March 27, 2018 Hi Ali , yes we have thought about it but I think the process would be quit long . We are leaving Scotland at the end of June to move to Australia so I’m not sure if it can even be done outside the U.K . As I stress , biological father has no rights at all and has no intention of doing anything about it . I may give a couple of lawyers a call and see what my best option is. Quote Link to comment Share on other sites More sharing options...
Amber Snowball Posted March 28, 2018 Share Posted March 28, 2018 13 hours ago, MrsShields12 said: As soon as we get to Australia I’ll have this dealt with . I didn’t want a will written up in Scotland then have lots of hassle because we moved over seas. This is a good plan. My English will ceased to be valid once I left England as I left nothing there and it only covers items/money/possessions etc that are in that country. I got a new will here in Australia when I arrived to cover my Australian based “interests”, including what was to happen to my child if something happened to me. Given your son’s age you would hope he would have a say in where he wanted to be as well, but I know the Australian family court exists in a world of its own. I also had sole parental responsibility as per the English law at the time so had no issues with the absent parent. Good luck with your move, it will be fine. Get a will sorted ASAP after arriving and then get on with living! ? Quote Link to comment Share on other sites More sharing options...
MrsShields12 Posted March 28, 2018 Author Share Posted March 28, 2018 Thank you for your reply Amber . Yes my oldest son is dying to get out there . My husbands family own 180 acre property so the kids can run wild . We live in the central belt of Scotland just now and tbh I would trust them being outside. It’s sad. When did you make the move and did you settle well ? 1 Quote Link to comment Share on other sites More sharing options...
Amber Snowball Posted March 28, 2018 Share Posted March 28, 2018 6 minutes ago, MrsShields12 said: Thank you for your reply Amber . Yes my oldest son is dying to get out there . My husbands family own 180 acre property so the kids can run wild . We live in the central belt of Scotland just now and tbh I would trust them being outside. It’s sad. When did you make the move and did you settle well ? I moved just over 12 years ago. Yes we settled well. No option really, nothing to return to at that time. I had given up my council house so head down, bum up and make it work! ? My son was 11 at the time. He has enjoyed it here. At Uni currently. Australia has been good to us. I am actually in the process of moving back the other way. Things have changed for me so have the option of returning to the UK now and certainly in a better position than when I left. A new chapter! I think with family here and support available to you ( hopefully) you’ll be fine. Just need to give it your all and accept that it won’t always be plain sailing, really commit to the move I suppose. The absent parent is immaterial, his loss at the end of the day. I wish you and your family a happy life here. Australia has lots to offer. Just get that will done when you get here and then forget about it. ? 1 Quote Link to comment Share on other sites More sharing options...
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