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  1. #1
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    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
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    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.

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    Cheetara  (30-03-2014)

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    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.

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    Cheetara  (30-03-2014)

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    Can't offer advice, but sending hugs. I can't imagine how difficult it must be without family support.

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    Cheetara  (30-03-2014)

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    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.

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    Cheetara  (30-03-2014)

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    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

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    Cheetara  (30-03-2014)

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    Last edited by Cheetara; 31-03-2014 at 20:05.

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    Last edited by Cheetara; 31-03-2014 at 20:05.

  14. #9
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    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

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    Cheetara  (30-03-2014)


 

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