desperate2go

My daughter will be both a British and Australian citizen when we go to Australia. To apply for my visa my ex (who is Australian) had to sign a declaration allowing her out of this country- which he did.
The question i have is if i go to Australia with her what are the legal implications for bringing her back to UK?? Will i need his permission to bring her out? Can she return on her British passsport?
Anyone have any idea?

moneypenny20

If he has signed a declaration saying you can take her, presumably he is giving permission for you to take her wherever. When my hubby travels back from Aus, he left the country using his Aus passport and arrived in the UK on his british one. She has the best of both worlds.

desperate2go

Who can i contact to check for certain? Anyone know?
Its not something i want to leave to chance as things seem to be degenerating fast between him and I

louise4

Hi rachel, see he is still being an axxxhole then . our agent was brilliant and has remained so even though we have had our visas for years. give him a call. Zeno Bolzicco 02085408448.
If you need to talk pm me. hope everything works out.
louise

JAJ

Is your daughter an Australian citizen or not?

As far as DIMIA are concerned, you should not have been asked for any statutory declaration concerning her, if she is an Australian citizen. All visa criteria, including child custody criteria, are irrelevant for Australian citizens.

With an Australian passport she can travel freely, subject to obeying normal custody laws in her country of *residence* (under the Hague Convention).

Jeremy

desperate2go

Thanks Jeremy

When i applied she was on my visa because her citizenship had not come through(thats when he did the declaration) but she is now a citizen..

We have no formal custody/contact arrangement and i am concerned that if i take her to Australia and he also comes (which is still an option) & it does not work out and i decide to come home......Can he then stop her leaving the country?? What would the custody laws be in Oz about a situation like that?

desperate2go

Thanks for that Louise.....He says that he is going to go aswell now....but that changes by the minute. To be honest its all driving me mad at the moment. Need to go for a good
Rachx

moneypenny20

Surely the fact that she is now a citizen overrides his declaration and her being on your visa, so she is now covered by the rules of whichever country. Could you ring an Australian solicitor (or whatever they are called) and ask them. It sounds too complicated for this forum

louise4

Hi rach, hang in there. i cant imagine how hard this is for you.
If you need a or two maybe we can arrange another meet with sue and antoinette. if you want to let us know.
hope things calm for you
louise

Vanessa

Where you and her father married?

JAJ

I'm not an expert on this, but my understanding is that while she is *living* in the UK, then UK custody laws apply. Should she move to Australia, then Australian laws would kick in.

It sounds like in a circumstance like that, if your ex followed, she could be prevented from subsequently leaving Australia unless you had obtained some exclusive custody rights (including the right to decide what country she lives in) that were either obtained in Australia, or recognised in Australia. Her British passport would not override this.

You need to discuss this with a competent Australian solicitor who specialises in family/custody law. Also find out at what age in Australia she would be allowed to make up her own mind about these things. Do this *before* making any move.

Jeremy