australia - both parents consent to travel?

[cantthinkofanamerightnow]

I can feel my marriage disintegrating around me, and want to know where I will stand if I decide to return to Australia with my dual citizenship oz/uk dc.

Would I need to have a form from my UK Dh consenting to our dc travelling. Could I just take up and leave?

I can't think clearly to wade through all the travel sites atm.

TIA

bump

I vaguely remember meeting a midwife who was emigrating to Australia and had to have permission from her ex to take their son even though he didn't support him or even see him.

Do your children have australian passports?

Would they miss him?

Thanks for the reply.

They have UK and Oz passports.

They would miss him.

I don't have any family or real friends here, and no financial support, so I don't see how this can work, staying in the UK. He's been very controlling.

That said, I've since looked on family law sites, and if I didn't have permission from him, it would be treated as abduction. So I will have to live in the UK.

If I was in your situation I would probably would want to do the same. Could you go for a holiday? It must be awful to not be close to family and friends at this time.

I'm not sure what you would be entitled to but maybe go to the local CAB office to find out what you can do.

I have looked into this a little. I am taking my DDs there in a few weeks time. I have left H 6 months ago and I have his consent to take them on holiday (not in writing though but don't think there will be any problems)

If he changed his mind he could get a court order which would not allow me to take them.

Don't know about other legal implications though.

Good luck

Yes - you have to have something in writing from their father for them to be able to leave the UK. I was surprised that also applies to me if I wanted to bring dd back to UK on a visit from Belgium without DH. I have never bothered and hope to plead ignorance of the law if questioned......I'll see if I can find a link....

This might be useful

Explanation here

Thanks Portofino. That site is very useful, indeed.

Thanks posh, I'll call CAB on Monday, and see where I'm at.

So sorry for your situation iloveshoes, but very glad that you have the chance to head over there.

Thanks for your well wishes.

If your husband is "controlling" it could be classed as domestic abuse. Get in touch with Womens Aid.

Good luck, hope things work out.

i think if your dh has parental responsibility, which i assume he does then he does have to consent if you are leaving the country for more than a month .

good luck, i hope it all works out for you

I know I am meant to give exp written permission when he takes him out of the country, but tbh, no one every stops either of us to demand proof we are a) ds' parents and b) if we have relevant permission! He's travelled all around the world between pair of us over last 8 years so...

but definitely need permission to actually leave country permanantly with child. And why would you want not to sort it out properly with your ex? Not saying you don't, just need to plan properly to maintain contact between them.

You will need to get this sorted properly before you go, if you intend to move back to Oz permanently.

Someone I know just 'up and left' with the kids back to Oz (her DH is UK) but he went to the police here in the UK and reported her she was pursued by the court and made to return and bring the children back. They went to mediation I think and all was sorted out, she has to bring them back to the UK for 7 weeks a year (not sure how they came up with 7 weeks) then she was free to leave which she has done. The courts will do what is best for the children, not what is best for your lifestyle.