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

[2tigers]

If you are thinking of moving to Australia with children I would advise this....

Or even - if your in Australia and wish to take your children home to the UK to live.....

Sit down and discuss what you would both like to happen with your children if your dream of living in Australia isn't what you expected/you separate/in the event one of you chooses to go back home? Too many scenarios to note all - you get the jist!

Do you
a) Children stay with Mother, regardless of where she chooses to live?
b) Children stay with Father, regardless of where he chooses to live?
c) You both stay in Australia so the children can have both parents?
d) You both go back home to the UK?
e) May have other thoughts!

Did you know this? Once you have both made the decision to move to Australia, as soon as you land - the Children are now residents of Australia?

If one of you decided to go back home, you will need your partners permission to take the children, yes - even if ALL of you were born and have lived your whole lives in the UK.

If you leave & take the children with you, without the other parents permission, regardless of your circumstances (eg..separated, no money, no house, no job, Isolation etc etc), and the stay behind parent pursues you -

- You may have the police knocking on your door in the UK, you may be charged with child abduction. Yes, even if the child was born and raised in the UK. You would have broken a law called the 'Hague Convention'.

Once the police come knocking you may then be summoned to court under the Hague Convention, and more than likely (99%) the children will be ordered back to Australia.

Then once in Australia you will then have to go through the courts in Australia to apply to have your child/ren relocate with you back to the UK! And you may not win.

Long winded I know, but this is a law that is not mentioned in many places. This is a law that those tempting 'Move to Australia for a better life' TV programs etc don't mention, this is a law that the Immigration don't mention. Its a law people have never heard of unless it happens to them. This happens to many people each year, and is something that I believe people need to know about in case it happens to them, or they know someone who it may affect.

Take precautions before the move, talk about the children's future's, and get it in writing with a Solicitor!

Take a good look at your visa restrictions - are you coming due to your Spouse's trade? Whats the restrictions on the other parents visa if you separate within the 1st 2 yrs?

Doing this may save you years within the legal system, over $150,000 in costs, your children's mental wellbeing, health, stress, poverty and years wasted.

I hope this post helps someone.

[NeilEB]

Take precautions before the move, talk about the children's future's, and get it in writing with a Solicitor!

I thought in the PIO thread on this, you said agreements made in the UK were irrelevant?

[2tigers]

Hi Neil, I have been asked to copy and post this thread over to here, to help people in becoming aware of what could happen. I'm not legally trained and I would advise anyone to seek legal help.

[jackboots]

i asked for it as it was something i was unnaware of before we migrated i think its a good thing for anybody to read before they make the move .

[NeilEB]

I don't have any issue with the thread - you'll see from my comments on the main thread on PIO that I think it's an incredibly important topic that people with kids should be made aware of.

My only question was regarding the part I quoted above: I was told on the PIO thread that having a solicitor sign an agreement achieves nothing

[Give me a break!]

None of this surprises me, I had to get permission from my Ex to remove our daughter from the UK, nothing unusual in that you may think, except my Ex was already living in Australia and had been for years, and I was actually bringing his daughter closer to him. Quite funny really if it wasnt so flipping annoying as he wouldnt give his permission as he is awkward so I had to go to court for a court order