Guest kharma Posted November 15, 2009 Share Posted November 15, 2009 Does anyone know about this? I was told by a solicitor that if I returned to the UK with my child without the child's father it is classed as Child Abduction, and the child would be made to return to Australia, taken off me, and I would never see my child again. Has anyone experienced this? Has anyone returned to the UK recently and succeeded with their child, leaving a father behind? Link to comment Share on other sites More sharing options...
Guest siamsusie Posted November 15, 2009 Share Posted November 15, 2009 Does anyone know about this? I was told by a solicitor that if I returned to the UK with my child without the child's father it is classed as Child Abduction, and the child would be made to return to Australia, taken off me, and I would never see my child again. Has anyone experienced this? Has anyone returned to the UK recently and succeeded with their child, leaving a father behind?I believe Kharma that is the case, but this applies at the UK end as well. Permission on both sides of the globe has to be obtained apparently. As to whether the child is removed from your care I would hesitate to comment upon but with matters pertaining to this subject probably better to seek legal advice. With best wishes:wubclub: ss Link to comment Share on other sites More sharing options...
Guest kharma Posted November 15, 2009 Share Posted November 15, 2009 Thanks SiamSusie, I did get legal advice, am still no wiser, Im wondering is this scare tactics or is it really happening Link to comment Share on other sites More sharing options...
Guest siamsusie Posted November 15, 2009 Share Posted November 15, 2009 Thanks SiamSusie, I did get legal advice, am still no wiser, Im wondering is this scare tactics or is it really happening Hi Kharma. Have a wee peek at this site Your child has been abducted FROM another country overseas TO Australia althought it says To Australia it appears to be reciprocal to me. I do wish you well ss NB I dont think it is scare tactics I believe this matter is taken very seriously Link to comment Share on other sites More sharing options...
Guest Guest31881 Posted November 15, 2009 Share Posted November 15, 2009 I think you need to see a solicitor, I beleive The Hague convention does indeed state that you cannot take a child out of one country to another without the concent of BOTH parents. You could (I Believe) actually be charged with child abduction. Meanwhile your other half would have the protection of the Hague convention and you could end up fighting it in court, but it would be an Australian court as the child would be returned here. BEST THING IS TO SEE A SOLICITOR AS SOON AS POSSIBLE. __________________ There was a thread on here about this, but I cannot seem to find it, perhaps someone else can remember it and where it was posted. Link to comment Share on other sites More sharing options...
Guest kharma Posted November 15, 2009 Share Posted November 15, 2009 Thanks Siam Susie Link to comment Share on other sites More sharing options...
Guest Guest31881 Posted November 15, 2009 Share Posted November 15, 2009 I think this is the link that deals with children and removing them from a country, have a look and see if you can get any information from it . http://www.pomsinoz.com/forum/news-gossip-chat/47091-children-what-happens-if-you-your-partner-decide-go-home.html Link to comment Share on other sites More sharing options...
Guest kharma Posted November 15, 2009 Share Posted November 15, 2009 Yeah I thought I'd seen a thread on here also, but cant find it either, thats why I thought Id put it out there on a thread. I have seen a solicitor, and also met a girl in a similiar situation to myself, the problem is each solicitor tells you something different. Thats why I thought if someone had already been through this, they might be able to shed more light on the subject Link to comment Share on other sites More sharing options...
Guest kharma Posted November 15, 2009 Share Posted November 15, 2009 Thanks Colin, will do :-) Link to comment Share on other sites More sharing options...
Guest kharma Posted November 15, 2009 Share Posted November 15, 2009 Thanks Colin that is what I read, am still interested to hear from anyone who has been through this. Also after living in Oz for 9 years, I have only just heard about this site, this information really does needto be in the immigration pack, I am stuck by the looks, and devasted Link to comment Share on other sites More sharing options...
Guest siamsusie Posted November 15, 2009 Share Posted November 15, 2009 Thanks Colin that is what I read, am still interested to hear from anyone who has been through this. Also after living in Oz for 9 years, I have only just heard about this site, this information really does needto be in the immigration pack, I am stuck by the looks, and devasted Kharma, you sound as though you are in a bit of a state here, these laws are to protect both parents with the primary interest being "the child". Yes I do agree with you, this information should be contained within the immigration pack, as should making arrangements should one /both parents die in Australia, I couldnt agree more with you. I personally would calm down a bit and see rationally what can be resolved from your situation (I am being presumptious here for which I apologise) and if it is the case that you may have to remain in Australia until your child/ren come of age to decide for themselves then maybe thats the course you have to take. Sometimes in the cool light of the day, it becomes easier to fit a few jigsaw puzzles .. very best wishes:wubclub: ss Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted November 15, 2009 Share Posted November 15, 2009 Hello kharma Welcome to Poms in Oz. The relevant international law is the Hague Convention on the Civil Aspects of International Child Abduction. The Wiki description is here: Hague Convention on the Civil Aspects of International Child Abduction - Wikipedia, the free encyclopedia The purpose of the Hague Convention was to put a stop to the dreadful "tug of love" cases which often involve very young, bewildered children. The central principle of law involved is that all the legal rights vest in the child, and the child's best interests are more important than anything else. Adults have no real "rights" if the wishes of the interested adults would conflict with whatever is objectively best for the child. Children have been used as pawns in quarrels between their parents too many times - which idea can never be in the best interests of the child. Is your child a Permanent Resident of Australia? If yes, how long has the child lived in Australia? Would you say that your child has a happy, settled lifestyle in Australia? I am guessing that you are the child's mother and that things have gone wrong between you and Hubby? What sort of lifestyle could you provide for the child on your own in the UK, please? Would that be a better lifestyle than the child has in Australia? I am puzzled by why the solicitor whom you consulted should have zeroed in on the Hague Convention in the way you describe? That is a secondary issue compared to where this marriage is headed for, I would have thought? Could you provide a bit more detail about the background and the relevant facts, please. Many thanks Gill Link to comment Share on other sites More sharing options...
Guest kharma Posted November 15, 2009 Share Posted November 15, 2009 Hi Gill, I didnt marry the father, yes my child is an australian citizan, and I think it would be a better lifestyle in the UK because of all our support there. We recently went back for a holiday, and didnt want to return, my child followed his grand-parents everywhere, and is still asking why we cant go and live there with them, he even mentioned it this morning. Unfortunately things arent always black and white, thanks for your thoughts, I have spoke to the British Consulate this morning, who have been most helpful. Thanks Kharma Link to comment Share on other sites More sharing options...
Guest siamsusie Posted November 16, 2009 Share Posted November 16, 2009 Hi Gill, I didnt marry the father, yes my child is an australian citizan, and I think it would be a better lifestyle in the UK because of all our support there. We recently went back for a holiday, and didnt want to return, my child followed his grand-parents everywhere, and is still asking why we cant go and live there with them, he even mentioned it this morning. Unfortunately things arent always black and white, thanks for your thoughts, I have spoke to the British Consulate this morning, who have been most helpful. Thanks Kharma Hi Kharma, good to know the BC have been helpful.I came across this useful site today Family Relationships Online. There are all over Australia and it could prove very useful to you.Wishing you all the luck in your dilemma kind regards ss x:wubclub: Link to comment Share on other sites More sharing options...
Guest kharma Posted November 16, 2009 Share Posted November 16, 2009 Thank you SiamSusie, I have spoken with them actually,they are very helpful, seems like my options are to get a good solicitor. Thaks Link to comment Share on other sites More sharing options...
Guest siamsusie Posted November 16, 2009 Share Posted November 16, 2009 Thank you SiamSusie, I have spoken with them actually,they are very helpful, seems like my options are to get a good solicitor. Thaks You are so welcome Kharma. I did see your post this morning, it has disappeared now. I sincerely wish you well, dreadful to be away from "your support" but I am sure given time and patience you will be able to overcome some of the hurdles you are facing now.:wubclub: ss Link to comment Share on other sites More sharing options...
Guest kharma Posted November 16, 2009 Share Posted November 16, 2009 I just cant wait until we can officially leave, thanks for your kind words Link to comment Share on other sites More sharing options...
2tigers Posted November 21, 2009 Share Posted November 21, 2009 Hi there, I am so sorry to read your post. I went through the HC. I took my children back home to the UK, was sent back to AU, went through an almost 2yr court case and won my case. We are now back home in the UK. I would love to help you, but I must pull back as reminiscing brings back anxiety which I find hard to cope with. I wrote the sticky on general forum about the HC. Please take a look at this site Reunite International The ladies who work at reunite have valuable advice and experience in the HC. Its real & its scary Best of luck xxxxx Link to comment Share on other sites More sharing options...
Guest kharma Posted November 21, 2009 Share Posted November 21, 2009 When was that, as I think its got even harder now, at least Ihavent been pulled back as such, came of own accord, just wondering if I fight whether I'll make it Link to comment Share on other sites More sharing options...
2tigers Posted November 21, 2009 Share Posted November 21, 2009 Are you in the UK? Link to comment Share on other sites More sharing options...
Guest kharma Posted November 21, 2009 Share Posted November 21, 2009 No Oz, just went home for a holiday (sister in law died), didnt make the funeral but the UK consulate helped us get back for a visit, I dont know if Im better to be in the UK or here. I just hit the highest anxiety and depression at the Drs, when I got back I was ignoring phone calls, and havent agreed to visits because ex could take off with him and then I'd have to fight to get him back, was told this could become alienation, I feel like Im stuck between a rock and a hard place. Ex is a pot head, (that doesnt seem to matter), and likes his party drugs etc Link to comment Share on other sites More sharing options...
Guest kharma Posted November 21, 2009 Share Posted November 21, 2009 No Oz, did you get mylast post? looks like not Link to comment Share on other sites More sharing options...
Guest kharma Posted November 21, 2009 Share Posted November 21, 2009 Anyway, the whole reason for leaving him in the first place was that I didnt want my child to grow up thinking it was a normal way of life, now it seems like thats going to happen anyway, gotta love the family law, I shouldve gone home straight away years ago, instead of just moving 7 hours away, my own stupid fault, now it looks like not only are we stuck in the country, but also Qld and he can do this, apparently. After going through a death I just want to be near family, and instead Im dreadin waking up everyday, feelingconstantly sick and anxious, and now Im sounding like a whinging POM, lol, thanks for your help, I will look up the international relationship site. :-) Link to comment Share on other sites More sharing options...
2tigers Posted November 21, 2009 Share Posted November 21, 2009 Take a look on the reunite website, if you want to contact people on there privately get in touch with reunite and ask them to pass your details on. There are a few AU - UK mums on there who may give you support. I appologise to you as I honestly have no energy to go back there, but on the reunite website there are mothers going through it right now or very recent. Reasons as to why it went in my favour, its difficult to say as I now blank out that part of my past, but I will try to make it brief, as I honestly can not go back down this path. Sorry. My ex made matters worse as my abduction was due to numerous reasons - him throwing us out of the house, knowing we had no-where to go. I tried to get benefits but because I had only been in the country for 18months I wasn't eligible. I contacted immigration to ask for a permanent visa but they told me I had to be there 2yrs. I received wrong information from a family lawyer who had no idea about the HC. When we were sent back I was extremely depressed and had suicidal thoughts. It was ultimately affecting my role as a mother. I was very isolated. Lack of finances. My ex made my life very difficult. I screamed out for help re: Dr's, Psychologists, Psychiatrists. You name it, I wanted to talk to them, my ex emotionally and mentally abused me and I thought I was going insane. Talking to the professionals helped my case as they could see what I had been through and had to write reports for court. You need to keep diaries, dates and conversations. Photo's. Any paperwork you think may help you. I was mentally abused. My ex would question me about every penny I spend. I believe the law in AU now states if a partner does this it is abuse. I had to keep receipts etc. Throughout court you would all have to see a Family Consultant. This meeting is extremely important as the Judge will base their decision on this report if you cannot come to an agreement yourselves. They are very clever people and will be able to see if any of you are exaggerating or if you are genuine. Worth the thousands of $ it costs to get done. I believe you would have to go through mediation 1st, give it 100% and see if he will agree to you going. best of luck Link to comment Share on other sites More sharing options...
Guest kharma Posted November 22, 2009 Share Posted November 22, 2009 Thanks ever to much, really appreciate your help :-) Link to comment Share on other sites More sharing options...
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