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Children - what happens if you/your partner decide to go home.....

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I think that's very sensible and practical Fosh. I am not sure legally how it stands up in an aus court if it were to happen but I am sure legal advice will help clarify and draw up the agreement. 

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Please be aware, that it is not just if one of you wants to return to the UK or move to a different country and one wants to take the children and the other parent objects, it is just the same if one of you wants to move with in Australia and take the children. With out both parents being in full agreement you can not move "anywhere" and take the children. The Family Courts attitude is very much - either parent can go anywhere they want to go but the children remain with the other parent. Family Court Law in Aus is close to barbaric. If you decide to fight it out in Family Court expect to be looking at thousends of dollars in costs, even hundreds of thousends in costs and the emotional effect on all concerned is extream. My strongest advise is IF the worst happens work it out between yourselves with the advise of a lawyer if you feel the need, but do not step foot inside Family Court because once you do you have handed FC your life and the lives of your children.

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