+ Reply to Thread
Results 1 to 9 of 9
  1. #1
    Join Date
    Apr 2012
    Posts
    236
    Thanks
    76
    Thanked
    75
    Reviews
    0

    Default Help with separation

    I will be seeking legal advise next week but I'm curious to see if anyone can help.

    I'm English and my husband is Australian. We have two young children. My relationship with my husband has really broken down, so much so that I'm thinking of leaving him. I would like to return to England with my boys, is this possible? I have no family over here and wouldn't be able to cope being a single mum in Australia.

  2. #2
    Join Date
    Jun 2011
    Posts
    3,431
    Thanks
    1,018
    Thanked
    2,081
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Always best to seek legal advice first but i don't think you can, unless he grants you permission. You can't take the children out of the country unless the father grants written permission. I have a friend in a similar position and she can't take her child back to her home country.

  3. The Following User Says Thank You to Clementine Grace For This Useful Post:

    Cheetara  (30-03-2014)

  4. #3
    Join Date
    Jan 2013
    Posts
    30
    Thanks
    1
    Thanked
    16
    Reviews
    0
    Definitely get legal advice, but (not knowing your circumstances, assuming there's not any abuse etc) until then my advice is to keep things as civil as possible to help with any negotiations. I have a friend who has been stuck in Aus the last 15 years bc she can't take her kids back to England. I did read somewhere that it may be possible to negotiate a custody agreement and have the dad visit in England, but you might be expected to pay travel costs etc.

  5. The Following User Says Thank You to lazyjane211 For This Useful Post:

    Cheetara  (30-03-2014)

  6. #4
    Join Date
    Mar 2007
    Location
    Melbourne
    Posts
    8,157
    Thanks
    752
    Thanked
    765
    Reviews
    5
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    Can't offer advice, but sending hugs. I can't imagine how difficult it must be without family support.

  7. The Following User Says Thank You to 2BlueBirds For This Useful Post:

    Cheetara  (30-03-2014)

  8. #5
    Join Date
    Jul 2011
    Posts
    3,525
    Thanks
    1,890
    Thanked
    2,539
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    It would depend on many factors (if you go through the courts). They would consider: how long you've been in australia; how old are your boys, were they born here?; how long have you been with your husband? etc.

    Generally, the parent who wants to relocate must show:
    - why it is in the best interests of the child(ren) that they be allowed to relocate, and
    - how the other parent will be able to maintain a meaningful relationship with the child.

    You will need to obtain written agreement from your husband or submit an application if he doesn't agree.

    Seek legal advice.

  9. The Following User Says Thank You to Ellewood For This Useful Post:

    Cheetara  (30-03-2014)

  10. #6
    Join Date
    Apr 2009
    Posts
    1,740
    Thanks
    140
    Thanked
    455
    Reviews
    8
    Achievements:Topaz Star - 500 posts
    Awards:
    Bubhub Blogger
    I'm glad you're seeking legal advice. If you do take your children overseas without their father's permission, he can seek their return under The Hague Convention on the Civil Aspects of International Cild Abduction.

    Hopefully your lawyer will be able to give you advice on relocation and what your options are through the courts here.


    Me, he and our two boys

  11. The Following User Says Thank You to Hamilicious For This Useful Post:

    Cheetara  (30-03-2014)

  12. #7
    Join Date
    Apr 2012
    Posts
    236
    Thanks
    76
    Thanked
    75
    Reviews
    0
    .
    Last edited by Cheetara; 31-03-2014 at 19:05.

  13. #8
    Join Date
    Apr 2012
    Posts
    236
    Thanks
    76
    Thanked
    75
    Reviews
    0
    .
    Last edited by Cheetara; 31-03-2014 at 19:05.

  14. #9
    Join Date
    Mar 2012
    Posts
    705
    Thanks
    44
    Thanked
    160
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    Quote Originally Posted by Hamilicious View Post
    I'm glad you're seeking legal advice. If you do take your children overseas without their father's permission, he can seek their return under The Hague Convention on the Civil Aspects of International Cild Abduction.

    Hopefully your lawyer will be able to give you advice on relocation and what your options are through the courts here.


    Me, he and our two boys
    This. Be very careful as if its enacted it can be incredibly traumatic for the child to be forced to return home (well to aus).

    Legal advice is the best place to start

  15. The Following User Says Thank You to SageS For This Useful Post:

    Cheetara  (30-03-2014)


 

Similar Threads

  1. Separation anxiety
    By march2013 in forum Development Stages
    Replies: 1
    Last Post: 20-02-2014, 13:47
  2. Separation under the same roof
    By PeppermintPaddy in forum Single Parents
    Replies: 3
    Last Post: 07-08-2013, 19:38
  3. Separation
    By huffybear in forum General Chat
    Replies: 14
    Last Post: 20-07-2013, 13:32

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
free weekly newsletters | sign up now!
who are these people who write great posts? meet our hubbub authors!
Learn how you can contribute to the hubbub!

reviews
learn how you can become a reviewer!

competitions

forum - chatting now
christmas gift guidesee all Red Stocking
Pyjamas.com.au
With so many gorgeous brands and styles for every season, our pyjamas, nighties, robes, sleepsuits and sleeping bags are lovely for lights out and perfect for lazy days. Get 10% off first order using code bubhub. Be quick offer ends 31/12/16.
sales & new stuffsee all
Bub Hub Sales Listing
HAVING A SALE? Let parents know about it with a Bub Hub Sales listing. Listings are featured on our well trafficked Sales Page + selected randomly to appear on EVERY page
featured supporter
Cots on Bubhub
Looking to buy a cot or bassinet? :: Cot safety checklist :: Local or online nursery shops
gotcha
X

Pregnant for the first-time?

Not sure where to start? We can help!

Our Insider Programs for pregnancy first-timers will lead you step-by-step through the 14 Pregnancy Must Dos!