Can children be taken to Australia?

[xmyboys]

If my DP (ten years and no marriage) and I split, we are both Australian citizens living in uk on highly skilled migrant scheme. Both DC born in uk.
If one partner wants to return to Australia on a permant basis what is the legal ramifications? If an amicable arrangement cannot be made?

The parent wishing to take the children out of the country permanently will need the consent of everyone with parental responsibility. The mother automatically has PR. The father will have PR if he is named on the birth certificate and the births were registered after 1st December 2003. If he does not have PR he can get it through agreement with the mother or, if she will not agree, he can apply to the courts for a Parental Responsibility Order. If he does apply to the courts for PR he will almost certainly get it.

If the parents cannot agree, the parent who wishes to take the children to Australia can apply for a Specific Issue Order to resolve the matter. The courts will want to be happy that adequate arrangements are in place for contact between the children and the parent remaining in the UK.

If someone takes the children out of the country without the consent of everyone with PR they are committing a criminal offence - child abduction.

Thank you