moving to Aus with boyfriend and daughter help!

[Guest worrygirl]

Sorry this will be a little long winded but will keep it as short as possible!!

 

My boyfriend of 7 years is an Austrailian citizen (not married yet) we have just had a little girl who is now 5 months old. He is wanting to move back to Austraila to live in 2010 this has always been our plan. His family are out there which I dont have a great relationship with. My daughter has her dads surname and he has also got her Australian citizenship which is great, but I am now very unsure on where i would stand if god forbid we were to split up over there and I wanted to come home. I know I would have to get his permission but as she is origionally from the UK is there any way i can bring her home? I am frightened of being stuck on my own out there and unable to leave.

 

Just for the record we are very happy and I do want to go, I just want to know what all my options are If the worst was to happen out there?

 

Also I am on my second stage of my visa process of pernament residency an am wondering what benefits i would be entitled to if any once im out there? would my daughter be entilted to any?

 

When we get a house out there if im not a citizen would I still be entitled to half of the house if we were to spilt up?

 

Thank you for your time, if anyone can give me any advice I would be very greatful!

 

Worrygirl,

[Guest Paula125]

Straight off......if you came to Aus and split up then, yes, you would have to get permission to take your daughter out of the country and back to the UK. If you did take her out of the country without permission then it would basically be seen as child abduction.

 

I know of another site where there was a couple who came over from the UK, father was Aus citizen, kiddies born in the the UK and then brought to Australia. Mum and dad split and dad wouldn't give permission for the mum to take the kiddies back to the UK.

I'm not sure exactly how it all worked out in the end but I do know that you would have to have permission from both parents to take kiddies out of the country.

 

 

Even if you were still on your temp visa when you came here your daughter would still be entitled to benefits through her daddy, that and the fact that she is an Australian citizen by descent. But, as you'll have permanent residency, you should be entitled to the usual family tax benefits etc.

 

It's a bit of a shame that you're not coming over sooner as you would be entitled to claim the baby bonus for your daughter up until she is 26 weeks old.

 

We came over with two older boys (my kids from a previous relationship) and our first son who was 19 weeks old at the time. It was a pleasant surprise for us when we found out that we could claim the baby bonus as he and his daddy are Australian citizens.

 

As for being entitled to half the house if you split up, I would imagine that you would be as long as you've put your signature on all the relevant documents.

[Quoll]

There are several threads on here of women who are stuck here because their Australian partner refuses to let the children go. It does seem far more difficult to remove a child from Australia than it does from UK in the event of one parent denying the move.

 

If you think there is the slightest chance of you not liking Australia and things going pear shaped be very careful. I dont know whether there is any way that you could get his signed agreement to you being able to take your child and leave should things fall apart but I doubt any such agreement has been legally tested here.

 

Is there any way you can live far away from his folks? - about a 10 hour drive should be enough. Even with the best of inlaws it can be hard for an English wife isolated here while he has all of his around him enjoying your child while your folks get pictures and the occasional phone call. It is much easier if it is your family unit united rather than you vs him and all of his.

 

Good luck!!!!

[Peach]

This is a scary thread... can anyone point me to more details? My girlf is an Aussie and our son is (about to become) dual citizen. Does it mean that once resident in Oz, I'd need to carry her written permission if I were to take my son to visit my family back in the UK? How would it work? Surely we could just travel on his UK passport.

[Rudi]

Hi Peach

 

Visiting family would not be a problem. It's if you then stayed in the UK it could become a problem. It's the same for anyone - even if both parents are British and the child is British. It is illegal to take your child back to the UK to live on a permanent basis without the permission of the other parent.

 

It is considered to be child abduction and you could be in all sorts of trouble if you did this.

 

Love

 

Rudi

x

[Guest spides]

Not sure if it helps, well it wont but I have a ten year old lad in the UK, I live in Brisbane. he comes over a couple of times a year or I go there. There is no written consent in visiting, but when I applied for my spouse visa my son had to get a medical as well even though he was not moving with me.

 

Also I had to put in writing that his permanent residence is the UK, and it is not my intention for him to move to Aus but to stay with his Mother in the UK...

 

Remember Immigration at the Airports are super hot on young minors, my Dad has got the third degree in the past travelling with my lad to visit me....

 

they took my son on his own and asked him questions etc!!!

 

it's strict for a reason, I feel for your decision but i do fear if it fails for you here you'll be on your own........it will be hard to leave I would have thought without the Father's consent, the fact you don't get on with the inlaws concerns me as well

 

good luck in your decision.........