Can my sister move back from Australia?

[Ozsister]

Hi, really hoping for some advice. My sister moved to Australia 20 years ago, married an Australian man and had 3 kids over there.
She’s basically wanting out of the marriage now and wants to come back to live in UK.
She is a nurse and has always worked over there whilst her husband stayed at home to look after the kids.
They have lots of assets over there, house, caravan, cars, a truck thing and a boat.
Her husband is very controlling and will do all he can to stop this happening. He has alienated all her friends over there and has tried his best to alienate us too.
So she could end up coming back with nothing (her name isn’t on the mortgage or house deeds over there).
He controls the money so there’s little chance of her being able to squirrel money away.
Will she be entitled to help with anything while she gets herself back to working etc or has she been away too long?
Sorry for such a long post. Hoping someone can offer some good advice.

How old are the children? I don't think she would be able to bring them back without his consent

They kids are 17, 14 and 12. That could put a spanner in the works 🙈

She needs legal advice or could end up in a whole load of shite.

If she is married in australia then it doesn’t matter that her name is not on the deeds. Or on any of the other assets. She is still entitled to a fair share.

She could ask the women’s legal service in the state where she lives for assistance. That would be my first move.

The family court website also has useful in information.

I think the kids are the biggest issue. She wouldn't be able to move them here without the DHs consent. In terms of assets, why would she have nothing? They are married and even if not, de facto marriage is a thing in Aus so she would still have a claim on joint assets as a long term partner. Sounds like she needs to speak to a divorce lawyer but it's probably a no-go unless she is willing to leave her kids behind.

I agree she needs legal advice. Her kids will all be British citizens but she might need to get their passports if she hasn't done that. Not sure how custody and all that would work, again needs legal advice.

She is very unlikely to be able to bring the kids. They are ordinarily resident in Australia and she would need his consent to remove them from the country.

One of the CBeebies presenters, Katy Ashworth, had issues with this and was charged with kidnapping. She had been in the country ONE DAY with their son when she found he was cheating and flew back almost immediately (child was born in UK, she was emigrating to be the father).

Ok, none of this is sounding good. I don’t think he’d consent to her bringing the kids over here. I’ll tell her she needs to get advice over there. Thanks

She can come back but the kids can’t come with her unless he gives permission for that, and not many parents would.

She will have assets, he doesn't het to control that. Sadly he does get to conteol the children through yhe Hague convention.

However, if she divorces him, there are only 6 years left till all the kids are adults.. and she may be alot happier just not living with him

What part of Australia is she in? I think Relationships Australia is a nation wide thing but they certainly have groups in WA. They might be able to help or at least able to point her in the right direction

Thanks for all the replies. She’s in Perth so will have a look at that x

Have sent you a pm op

I think this will end up in family court.. insert very expensive.
The husband has been the primary carer for the children. This role will be presumed to continue so unless the kids specify that they want to live with mum then at their ages it's a no go.
There is no chance of heading to the uk with the kids as everyone has said. He has to agree.
As primary earner she will be paying him child support.