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Legal Advice for Pregnant Uk expat in Aus

Legal Advice for Pregnant Uk expat in Aus

Old Feb 19th 2019, 12:34 am
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Default Legal Advice for Pregnant Uk expat in Aus

Hi all

hoping someone can help me with some legal advice. I am a Uk expat in Australia. I am here on a TSS 482 visa which expires in 2020.

I am in a relationship with an Australian citizen and recently found out I am pregnant. He wants me to get an abortion and I do not wish to do so.

Our next steps are quite up in the air but assuming I progress with the pregnancy I am concerned about my rights should I choose to have the child in Australia vs the UK. I understand that should we break up and the child has been born in Australia (therefore an Australian citizen and Australia being the child’s country of “habitual residence”) I will have very limited rights to remove the child from Australia and return home to the UK. This is absolutely something I would wish to do if we broke up as I have very little support here.

My question therefore:
- Should i return to the UK while pregnant and have the baby there to ensure I have rights to keep it in the UK
- Is there any chance if the above scenario occurred I might be able to get a ruling where I can take the child home to the UK if it is an Australian citizen (and living here) if my partner does not want the child to leave Australia
- if a court ruled the child has to stay in Australia, what would my visa options be if me and the father are no longer together. My occupation is only eligible for the short term tss visa and therefore i cannot apply for residency.

any advice would be greatly appreciated. This is a worst case scenario that I hope never occurs but I have read stories of mothers being trapped in australia.

thanks
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Old Feb 19th 2019, 2:25 am
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Default Re: Legal Advice for Pregnant Uk expat in Aus

Originally Posted by Jb123 View Post
Hi all

hoping someone can help me with some legal advice. I am a Uk expat in Australia. I am here on a TSS 482 visa which expires in 2020.

I am in a relationship with an Australian citizen and recently found out I am pregnant. He wants me to get an abortion and I do not wish to do so.

Our next steps are quite up in the air but assuming I progress with the pregnancy I am concerned about my rights should I choose to have the child in Australia vs the UK. I understand that should we break up and the child has been born in Australia (therefore an Australian citizen and Australia being the child’s country of “habitual residence”) I will have very limited rights to remove the child from Australia and return home to the UK. This is absolutely something I would wish to do if we broke up as I have very little support here.

My question therefore:
- Should i return to the UK while pregnant and have the baby there to ensure I have rights to keep it in the UK
- Is there any chance if the above scenario occurred I might be able to get a ruling where I can take the child home to the UK if it is an Australian citizen (and living here) if my partner does not want the child to leave Australia
- if a court ruled the child has to stay in Australia, what would my visa options be if me and the father are no longer together. My occupation is only eligible for the short term tss visa and therefore i cannot apply for residency.

any advice would be greatly appreciated. This is a worst case scenario that I hope never occurs but I have read stories of mothers being trapped in australia.

thanks
Any advice you get on here will be from well-meaning laypeople.
You really should contact a good registered agent, with experience of child custody cases.

All I know from many years on here is that if you do have the child in Australia - or have him/her in the UK then bring the child back to Aus - you will face an uphill battle if you later want to return to the UK with said child permanently.
You will have no extra rights to remain in Aus just because you have an Australian child. If your visa expires and the child is prevented by the courts from leaving the country, then you will have to go home alone. I'm sorry to be harsh about it, but there have been cases over here where a mother has had to leave the child here, and we have had a couple on the forum where fathers have had to go home leaving their child behind.
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Old Feb 19th 2019, 3:37 am
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Default Re: Legal Advice for Pregnant Uk expat in Aus

I'm only a well meaning layperson, and I echo Polly's advice regarding legal advice if you're contemplating giving birth in Australia.

If it were me and my boyfriend wanted me to have an abortion, while I didn't? I'd be on the next plane home.
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Old Feb 19th 2019, 4:26 am
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Default Re: Legal Advice for Pregnant Uk expat in Aus

Thank you for your honesty. All helps me make my decision regarding next steps so thank you!
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Old Feb 19th 2019, 5:53 am
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Default Re: Legal Advice for Pregnant Uk expat in Aus

Originally Posted by spouse of scouse View Post
I'm only a well meaning layperson, and I echo Polly's advice regarding legal advice if you're contemplating giving birth in Australia.

If it were me and my boyfriend wanted me to have an abortion, while I didn't? I'd be on the next plane home.
This.
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Old Feb 19th 2019, 6:54 am
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Default Re: Legal Advice for Pregnant Uk expat in Aus

Originally Posted by spouse of scouse View Post
I'm only a well meaning layperson, and I echo Polly's advice regarding legal advice if you're contemplating giving birth in Australia.

If it were me and my boyfriend wanted me to have an abortion, while I didn't? I'd be on the next plane home.
Ditto.
I would absolutely not hang around waiting "just in case". He's very clear he doesn't want you to lumber him with a child. Cut. Run.
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Old Feb 19th 2019, 7:20 am
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Default Re: Legal Advice for Pregnant Uk expat in Aus

A lot will hinge on whether he appears on the birth certificate. If he does not, and he has washed his hands of you and the child, then giving birth in Australia won’t convey Australian citizenship on your child nor will he have parental rights. Conversely he will not be liable for child support. If you give birth in the UK then it will play out much the same way bar the child’s country of habitual residence.
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Old Feb 19th 2019, 9:01 am
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Default Re: Legal Advice for Pregnant Uk expat in Aus

The question of citizenship aside, it's probably worth remembering that a even parent who doesn't give a toss about not being named on a child's birth certificate can change their mind at a later date and seek to establish themselves as the child's biological parent through a court order. OP, if you're planning to give birth in Australia I'd echo previous suggestions that the advice of a family lawyer is essential.
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Old Feb 19th 2019, 10:08 am
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Default Re: Legal Advice for Pregnant Uk expat in Aus

Originally Posted by Pulaski View Post
Which would almost certainly anchor her and her child to Australia.

While legal advice is in order, I believe she should prepare to return to the UK if that is where she wants to be long term.
Unfortunately she cannot be anchored to Australia. She's on a temporary visa that won't be able to become permanent unless she finds another way.
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Old Feb 19th 2019, 1:52 pm
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Default Re: Legal Advice for Pregnant Uk expat in Aus

Originally Posted by Dorothy View Post
Unfortunately she cannot be anchored to Australia. She's on a temporary visa that won't be able to become permanent unless she finds another way.
Exactly, and I would see that as a huge concern. There have been cases where the mother cannot legally stay, having an Australian child doesn't give them any right to a visa
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Old Feb 19th 2019, 2:18 pm
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Default Re: Legal Advice for Pregnant Uk expat in Aus

All very good advice. Another consideration is the cost of childbirth in Australia. It may not be covered by Medicare and would therefore be very expensive.
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Old Feb 19th 2019, 10:24 pm
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Default Re: Legal Advice for Pregnant Uk expat in Aus

In the round I would be returning to the UK if for no other reason than your temporary visa status in Australia and the implications for your financial situation, both in terms of your income and the cost of giving birth. I would give the father the option of adding his name to the birth certificate by letter when baby arrives, both to enable baby to have Australian citizenship by descent and for you to claim child support, although I suspect he won’t be interested.
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