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Wife takes children back to Uk, Dad left no custody ???

Wife takes children back to Uk, Dad left no custody ???

Old Sep 19th 2012, 12:06 pm
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Default Re: Wife takes children back to Uk, Dad left no custody ???

Originally Posted by lapin_windstar View Post
Sorry - what do you base this on?
Posts on here in the past - note I said "Ï doubt" - and the court would take more interest if they were citizens - at the moment we don't even know if they are PR or temporary.
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Old Sep 30th 2012, 2:47 pm
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Default Re: Wife takes children back to Uk, Dad left no custody ???

Originally Posted by OzJo View Post
When it comes to kids, all bets are off I'm afraid. For me, if it meant selling everything I had and living in a cardboard box, wouldn't matter as long as I was with the kids.
Well said.
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Old Oct 3rd 2012, 12:53 am
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Default Re: Wife takes children back to Uk, Dad left no custody ???

I know an expat here in WA who's wife took kids back to UK when their marriage broke down without telling the father. (all permanent residents) Mum was ordered by oz courts to return with children or face criminal charges. They all returned !
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Old Oct 3rd 2012, 4:28 am
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Default Re: Wife takes children back to Uk, Dad left no custody ???

Originally Posted by daunted View Post
I know an expat here in WA who's wife took kids back to UK when their marriage broke down without telling the father. (all permanent residents) Mum was ordered by oz courts to return with children or face criminal charges. They all returned !
Just thnking aloud, but.....what if the permanent resident who has left the country cancels their visa after returning home? They then cannot return to Australia as they have no legal right of entry. Where would that then leave them as regards the court order?
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Old Oct 3rd 2012, 5:25 am
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Default Re: Wife takes children back to Uk, Dad left no custody ???

Originally Posted by Pollyana View Post
Just thnking aloud, but.....what if the permanent resident who has left the country cancels their visa after returning home? They then cannot return to Australia as they have no legal right of entry. Where would that then leave them as regards the court order?
If the courts ordered her to bring them back then they would presumably request an order of extradition.
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Old Oct 3rd 2012, 9:12 am
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Default Re: Wife takes children back to Uk, Dad left no custody ???

Originally Posted by Dorothy View Post
If the courts ordered her to bring them back then they would presumably request an order of extradition.
I agree but that doesn't mean a UK court would automatically grant it if the respondent challenged the application in court.
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Old Oct 4th 2012, 12:24 am
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Default Re: Wife takes children back to Uk, Dad left no custody ???

Originally Posted by Pollyana View Post
Just thnking aloud, but.....what if the permanent resident who has left the country cancels their visa after returning home? They then cannot return to Australia as they have no legal right of entry. Where would that then leave them as regards the court order?


i have no idea. all i know for sure is the effect it has had on all of them especially the poor kids witnessing mum and dad fighting all the time. children are not our possessions and should not be used as pawns in our relationship breakdowns! makes me so cross...i was one of those pawns as a child and i will never forgive or forget.
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Old Oct 4th 2012, 2:32 am
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Default Re: Wife takes children back to Uk, Dad left no custody ???

I see there is an outcome today in the courts for the women who took her children away from their Father in Italy to Australia - http://www.brisbanetimes.com.au/quee...003-26z60.html

The children have to return to Italy. This Mother just decided to go back to Australia, no evidence of mistreatment by her husband towards her or her children. She just assumed that because she was their Mother she had the right to take them away.

For those on here who say the Father should just pull up sticks and move to wherever the children are have you considered that the best place for those children might be in the location that the Father is in? Have you considered that the Father might be doing what he thinks is best for the children and is rightly fighting his corner?

There is still so much inequality when it comes to Fathers rights. If women truely want men to play an equal role in the rasing of children and to take on more responsibilty then the laws need to reflect this equality. There is still a view bu some that Fathers don't matter in society.

Women can't pick and choose on equality, equality means taking takign the good and the bad. Making the pension availability / retirement age in line with men for example. Which considering women live longer than men is only right. if anything it should have always been the other way around, women working longer and gettign their pension later.

Last edited by Jon77; Oct 4th 2012 at 2:39 am.
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Old Oct 4th 2012, 2:37 am
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Default Re: Wife takes children back to Uk, Dad left no custody ???

As heartbreaking as those scenes have been I agree completely with the judges decision. In MY opinion it is the mother that is in the wrong here and now she has guarantee that she will not be prosecuted by the father in Italy lets see if she returns so she can be with her girls!!!
Being Mum does not mean that they/we are the best person to care for our children.


Originally Posted by Jon77 View Post
I see there is an outcome today in the courts for the women who took her children away from their Father in Italy to Australia - http://www.brisbanetimes.com.au/quee...003-26z60.html

The children have to return to Italy.

For those on here who say the Father should just pull up sticks and move to wherever the children are have you considered that the best place for those children might be in the location that the Father is in? Have you considered that the Father might be doing what he thinks is best for the children and is rightly fighting his corner?

There is still so much inequality when it comes to Fathers rights. If women truely want men to play an equal role in the rasing of children and to take on more responsibilty then the laws need to reflect this equality. There is still a view bu some that Fathers don't matter in society.
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Old Oct 4th 2012, 2:49 am
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Default Re: Wife takes children back to Uk, Dad left no custody ???

Originally Posted by daunted View Post
As heartbreaking as those scenes have been I agree completely with the judges decision. In MY opinion it is the mother that is in the wrong here and now she has guarantee that she will not be prosecuted by the father in Italy lets see if she returns so she can be with her girls!!!
Being Mum does not mean that they/we are the best person to care for our children.
Indeed,

It is about time some women understood that equality = equal to men.

It does not mean 'special' or 'special case'.
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Old Oct 4th 2012, 3:17 am
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Default Re: Wife takes children back to Uk, Dad left no custody ???

The UK and Australia are signatories to the Hague Convention.

This website is that of 'Reunite' - a British based charity which gives advice in cases of international child abductions. There is also a forum for parents:

http://www.reunite.org/aboutus.asp

http://www.reunite.org/pages/signato...onventions.asp

http://www.reunite.org/forum.asp
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Old Oct 4th 2012, 10:57 am
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Default Re: Wife takes children back to Uk, Dad left no custody ???

Originally Posted by Jon77 View Post
For those on here who say the Father should just pull up sticks and move to wherever the children are have you considered that the best place for those children might be in the location that the Father is in? Have you considered that the Father might be doing what he thinks is best for the children and is rightly fighting his corner?

There is still so much inequality when it comes to Fathers rights. If women truely want men to play an equal role in the rasing of children and to take on more responsibilty then the laws need to reflect this equality. There is still a view bu some that Fathers don't matter in society.
Yes have considered it. The mother did not abduct the children and take them away without permission, she went through proper process and against all the odds was granted the right to return to her home country with the children. That she was given the permission says something for a start.

I actually consider myself a real advocate for men's rights. I cannot abide reading about how mother intends to take her children to Australia with her new partner and claims that being in Australia with the "better lifestyle" is more important than seeing their father. And of course the father in these situations has no choice, doesn't qualifiy for the visa to Australia.

That is not the case here, UK is the home country. Mother and children are returning to the home country and father has the option to as well, but he chooses not to and then moans that he can't see his kids. Well he can see them. If he chooses to.
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Old Oct 4th 2012, 7:31 pm
  #28  
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Default Re: Wife takes children back to Uk, Dad left no custody ???

Originally Posted by Bermudashorts View Post
Yes have considered it. The mother did not abduct the children and take them away without permission, she went through proper process and against all the odds was granted the right to return to her home country with the children. That she was given the permission says something for a start.

I actually consider myself a real advocate for men's rights. I cannot abide reading about how mother intends to take her children to Australia with her new partner and claims that being in Australia with the "better lifestyle" is more important than seeing their father. And of course the father in these situations has no choice, doesn't qualifiy for the visa to Australia.

That is not the case here, UK is the home country. Mother and children are returning to the home country and father has the option to as well, but he chooses not to and then moans that he can't see his kids. Well he can see them. If he chooses to.
Very well said, that was my reading of the situation as well. The courts usually bend over backwards to keep a child in Aus if one parent says no they cant go so - something happened here to make the court have a different point of view and I doubt it was just the money talking.
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Old Oct 5th 2012, 3:30 am
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Default Re: Wife takes children back to Uk, Dad left no custody ???

The UK and Australia are signatories to the Hague Convention.
Good point

I had a friend in the UK (British) who married an American, when they split the courts (after a lot of time and money) agreed she could go back to the US with the British born kids because of her mental state and needing family support... he fought and fought but lost... just had to pay to go and collect them/visit them...theyre grown up now though...but these things are hard and need to be looked at individually.
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Old Oct 5th 2012, 4:00 am
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Default Re: Wife takes children back to Uk, Dad left no custody ???

Its very unusual for a family court to allow one parent full custody without some provision for visitation.... When a relative of mine moved 80 miles away from her multimillionaire husband and their family home with their children, she had to take them to London and pick them up every other weekend... Because he had an accountant and a barrister who could proove that he was penniless and she was recieving beneifits....

Even when the parent with visitation abuses that, say like the previously mentioned relative who, inspite of pleading with the judge that he would disappear, husband was allowed to take the kids with their passports to europe for a week long holiday and disappeared for 3 months..... She STILL had to allow him to take them on foreign holidays afterwards.... Because he had allowed the children to phone her once a week from undisclosed locations and was therefore not unreasonable.


Luckily the kids involved are now old enough to choose whether to visit with him or not.... they are totally flucked up because of their parents behaviours... But they can at least choose....
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