Separated parents, one emigrating
Hi, I’m wanting some advice please.. I’ve been desperate to migrate to Australia since being a little girl and am now a qualified teacher and (🤞) on the skills list. I know I have to complete a year teaching in the UK first before I can migrate and that’s fine but by main concern is how to go about applying to bring my children with me. I have 3 children - my 2 eldest don’t have contact with their dad (but he is named on their birth certificates so also theoretically has parental responsibility) but my youngest does see his dad regularly and I know his dad would object to me wanting to take him.
Obviously, I will not be going anywhere without my children so I’m curious as to how the process works (applying to the court, etc). Any help would be much appreciated. Thank you. |
Re: Separated parents, one emigrating
I wouldnt bank on getting a visa being a teacher - what level? Did you do a 4 year degree? It might be a moot point. If your child has a close contact with his dad then you might want to think about leaving him with his dad if dad is going to disagree with you taking him to what could be an uncertain future (not easy to get into permanent teaching in Aus in places where people actually want to live. It'd be hard to justify a better life for the child given the uncertainty you will face employment wise). Otherwise, yes a court procedure with you having to justify why it would be a better move for the child and how you are going to ensure that he maintains contact with his dad - it will be expensive sending him home every year which will be hard on a new teacher's salary.
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Re: Separated parents, one emigrating
If the dad would object to you preventing him from seeing his child then what difference is court going to make? A court is hardly going to allow you to stop your child seeing their father and vice versa.
And if you went on the run, Britain and Australia are both signed up to the Hague Convention on child abduction. Wow. No wonder there are so many of these fathers rights groups out there. |
Re: Separated parents, one emigrating
The last thing I want is to take him away from his dad but I have 4 of us to think about and I just want to give my kids the best life possible. I wouldn’t even entertain the idea of going on the run and, from what I’ve read, I wouldn’t need to, as the court grants these kind of orders all the time - with access/visiting built in to it, ie I would return with my child so he could spend time with dad and dad would come to visit, etc.
Not that I have to justify anything but I’ve been planning this for years and dad was part of it. He left so tell me why should that stop me? There’s always two sides to a story. |
Re: Separated parents, one emigrating
Originally Posted by HazelHue
(Post 12873829)
The last thing I want is to take him away from his dad but I have 4 of us to think about and I just want to give my kids the best life possible. I wouldn’t even entertain the idea of going on the run and, from what I’ve read, I wouldn’t need to, as the court grants these kind of orders all the time - with access/visiting built in to it, ie I would return with my child so he could spend time with dad and dad would come to visit, etc.
Not that I have to justify anything but I’ve been planning this for years and dad was part of it. He left so tell me why should that stop me? There’s always two sides to a story. |
Re: Separated parents, one emigrating
You will need a registered migration agent and a solicitor and potentially some deep pockets to pay for a expensive court battle
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Re: Separated parents, one emigrating
Originally Posted by verystormy
(Post 12873914)
You will need a registered migration agent and a solicitor and potentially some deep pockets to pay for a expensive court battle
Also the OP might get an ugly shock over her assumption about the father of her other children - even fathers who have little or even no contact with their children still have rights under the law, and so she should either expect to have to try to contact their father and obtain written approval from him, or she will also need a court order for those children. In other words, just declaring that the children's father is "out of the picture" does not give her unrestricted rights to remove them from the UK. She will probably have to provide such evidence in order to get a visa for them anyway, but hypothetically if she manages to get a visa without approval from her children's father there is the possibility that, if the father finds out, he could complain to the court in the UK and obtain an order that the children have been abducted. And because Australia is a signatory to the Hague Convention on International Child Abduction, the Australian courts would be required to return the children to the UK for a court hearing, and there is almost no possibility to object to the children being returned even if their father's request has little apparent validity. |
Re: Separated parents, one emigrating
Originally Posted by HazelHue
(Post 12873829)
The last thing I want is to take him away from his dad but I have 4 of us to think about and I just want to give my kids the best life possible. I wouldn’t even entertain the idea of going on the run and, from what I’ve read, I wouldn’t need to, as the court grants these kind of orders all the time - with access/visiting built in to it, ie I would return with my child so he could spend time with dad and dad would come to visit, etc.
Not that I have to justify anything but I’ve been planning this for years and dad was part of it. He left so tell me why should that stop me? There’s always two sides to a story. My original question remains though, are you sure that you will get a visa in the first instance? Teachers are ten a penny in Australia and especially in times of recession, people who may have left the system try to get back into a recession proof occupation and once trained teachers start banging on the doors again. Many, especially primary, teachers cant even score their first job and end up doing something else. As has been said, I think you will be up for a very expensive court case and I am not sure that "having a dream" is grounds enough to be granted leave to remove a child if the other parent says no. It is a real shame that you and his dad couldnt have done this together but, even so, you may well have been faced with a court case from the father of your other children, present or not. |
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