Australia immigration & Family Court Advice

[ShiningStar1990]

Hi, my partner, I and and our children (2) and (6) are looking at moving to Australia. My partner is a plumber and gas engineer. Can anyone advise what is required to emigrate from UK to Aus. How easy is it? Do you need a job and property lined up prior to move?

My ex partner and I broke up 6 years ago, we have a 6 year old daughter together (mentioned above). He sees her 4 days a month, has no other contact with her and although offered time and time again for him to spend more time with her he declines. How easy or difficult would it be to move her to Aus. He will most definitely not agree which will most likely end up in court. If anyone has been in a similar situation with ex partners, family courts and move their children abroad any advice would be hugely appreciated.
With the state of the UK I want a fresh start for my daughters, I want them growing up in safety, to have a future. There is no future for them in the UK.
Many thanks for reading and any advice ideally positive would be appreciated.

For family court purposes, you’ll need to show what you’re moving them to, so you can argue that it’s better than the relationship with their Dad. That it’s worthwhile to overrule him and take his child to the other side of the world. Without a job, or family over there; you’re very unlikely to be able to do that.

It’s going to be a very complicated move. He’ll likely get at least a temporary prohibited steps order to stop you removing her from the country until it’s been to court. You’ll then both be given chance to explain why what you want is in the best interests of the child.

If you are granted permission, it’s very likely that you’ll be ordered to pay costs relating to her returning to the UK during at least most school holidays, to facilitate contact and quality time with her Dad. Prepare for those costs when you’re planning.

Thank you for your response. We would have jobs to go to, well paid jobs, accommodation etc. How likely is a judge to grant the order? I would happily agree to her staying with him during Australian summer holiday. Which I believe is around 8 weeks, him on the other I don't think he would want her for 8 whole weeks if I'm honest. He won't have her anymore than what he does at the moment.

I understand that you want to go but it seems to me he has every right to say no. I certainly would. He won't see her.

He hardly sees her now as it is. Why would anyone deny their child of a better life? Have you seen the state of the UK? I must also add, he has history of a drink and drug abuse, he has no job, lives with his Mum, claims benefits, works self employed and does not financially contribute towards her upbringing. He also has history of a rape court case, harassment and stalking towards women including myself, soliciting and has taken my daughter off of me because I wouldn't get back in a relationship with him where social services and courts have had to get involved for her to be returned to me. So I understand he would be upset but I can promise you this, he will never be able to give her a safe and positive life like I can.

you cant separate her fron her Dad, however you may feel about him. Four days a month is not hardly ever. It isnt fair to deny her that relationship. Presumably she has extended family too?

If he has regular contact it very unlikely they would grant permission to take her overseas, especially so far. You are basically removing his ability to see her due to the very high costs and long travel times

Australian summer hols are 6-8 weeks depending on if you're private or public (private usually finish two weeks earlier than public). Dates depend on the state.

However, Christmas is during those holidays & airfares will be eye wateringly expensive & the flight too long for an unaccompanied minor who's so young. Just something to consider.

My friend just left Aus with her DC, leaving the father behind (similar laws, I think). It took him agreeing & a court order to do it. If he'd not agreed it would have been a no way from the courts. And he was an absolute sh*t father.

Thank you for your response.

I want them growing up in safety, to have a future.

I'd suggest visiting first. Many in Oz do not feel it is safe or there is much future.

Aside I wouldn't move anywhere with a partner. And especially not somewhere where I wouldn't have right to remain.

Your questions about your ex-partner are jumping the gun- you need to sort out visas for yourself, new partner, and children. This is a long and expensive process- most temporary visas do not allow work rights either- working holiday visas (assuming you are young enough) restrict you to short term employment with each employer, so more suited to hospitality or retail jobs with high turnover.
australia is in a cost of living crisis, rents and property values are going up every month. You will not be eligible for childcare subsidies or free public education on temp visas. Look at the department of immigration website to see if this idea is even going to have legs.

You will want to really look into how it would work for your dh and his work. Neighbours of ours moved to Australia, and the husband had a similar trade - got there and discovered that he couldn't work in the trade straight away, he had to spend several years basically apprenticing before he could work. They lasted four months before coming back to the UK.

Why on earth do you think Aus is any different to the UK? Cos it's sunny and everyone in neighbours gets on?

If you've got jobs and accommodation sorted why is your op Do you need a job and property lined up prior to move?

I very much doubt you'll be able to take a six year old to the other side of the world and away from her other parent who sees her four times a month.

I would suggest you get advice from a family lawyer who deals with emigration cases (or vice versa). Your ex has a complicated legal history and there may be case law precedents.

I am very surprised you see Australia as a country with a better future. However bad things of got here, I always think, well, at least we are not in Australia.

They don't even have any sort of workable plan on how to make water available to their inhabitants beyond the next couple of decades.

WATER

Ah where would MN be without a regular quota of batshit Australia bashing?? OP your situation sounds complicated, I’d ask an emigration lawyer, not random people on the internet.

Do you have secure jobs currently? If so, you will likely struggle to get the Courts to agree to her moving.

Her father might 'only' see her 4 days a month, but if this is regular, it will be
routine for your daughter and ultimately, and an important need for her.

A judge won't care one bit about your wishes but only about your children needs, which having regular contact with her father an essential one.

You would need to evidence that the benefits age gets from living in Australia are above the losses that will come with the move and impact her wellbeing.

Another thing to indeed consider is if you become a resident, your partner decides to stay in Australia when for whatever reason you are desperate to move back, you might very well not be able to take your youngest back with you. Australia is quite strict about that.

I have friends and family who live in Australia. I know the difference. If you feel the need to be rude, do it somewhere else. This post is to get advice from people. Isn't that what Mums net is for?

Why would you not move with your partner, wouldn't you rather move with someone than alone? Very odd

Where in Australia would you go? There is a huge difference culturally between the big cities, coastal areas and rural interior. I would bear in mind both countries prioritise children having regular access to both parents. If you do go and wanted to come home or your older ones Dad got a legal order for you to come back and your partner wanted to stay it could make it very difficult with your youngest.

I think PP means that moving for a "partner" rather than a husband could have expensive legal ramifications should you break up. Think about what you'd do in the event of a break up, for example,or if one you desperately wanted to come home but the other didn't.

It can get very messy - there was a thread on here a few years ago from someone who moved to Australia with her partner and ended up stranded because they broke up and she wanted to come home, but her ex didn't give her permission to take her kids.

Can anyone advise what is required to emigrate from UK to Aus. How easy is it? Do you need a job and property lined up prior to move?

It depends on the visa but unless you are being moved by an employer then it is a long and expensive process.

There is a lot to it. Australia is an expensive place to live so make sure you really do your sums before you commit. Don't just look at the wage and say 'crikey, that's four times what I earn, pack your suitcase'.

If you did manage to get permission to take your dd, then you also need to be prepared that she may 'storm off' to her dads in the teenage years! I've seen that happen a few times!

Nowhere is utopia obviously. Australia has its own problems. Fires, droughts, social problems. You will always be an immigrant in someone else's country.