That may be the case if your husband chooses not to force the issue but it has already been pointed out to you that legally someone in his situation does have the right to insist that the Australian family courts take jurisdiction over where your daughter should live.

So what happens further down the line then JAJ if the husband decides he wants to have his daughter live with him, would Jude be forced to move back to Oz with her daughter? That would be a worry for me if I were in that situation, you could be quite happy and settled in the UK and then wham you have to move back. Could that happen to Jude?

Normally child custody law is based on where the child is resident. So if parents move from UK to Australia and then separate, then the Australian courts usually have jurisdiction.

If a parent takes a child back to the UK without permission of the other parent, they can find themselves served with a court order insisting that child be returned to Australia for a custody and residence determination.

The grey area comes about if child is taken back to the UK with implicit consent (or at least, no active objection) from the other parent. And then subsequently, (ie months or years later) the other parent changes mind and wants the child returned.

It may be that in those circumstances, where child was brought to the UK with knowledge of other parent, the UK courts would not then insist the child be returned to Australia years later. But you would need to validate this with an experienced UK family law solicitor (and one of the few who understands international child custody issues).

I know when we lived in Canada the Air Canada check in staff wanted to see a letter from my husband when I returned to the UK on holiday to prove I was removing the children with his consent.

Canada seems to be especially nit-picking about these things (to the point of stupidity).

He has assured me that he has no intention of stopping me taking her. I believe him & trust him on that completely!

hi Jude, does he give you any inkling whatsoever that he might eventually follow you back? does he see this as an end to your marriage or just a blip?
just wondered thats all,if you dont feel like saying then dont worry about it !! not being nosey,just want it to work out for you.

Ask away hun!!


No he is pretty adamant he wont return. He has questioned me about coming back but ive siad no as im leaving cos i hate being here so why would i come back!!

So yes i guess it looks like the end

Im a bit concerned on what JAJ says about me taking her & him wanting her back. I trust him at the moment not to do anything but who knows in the future. Ive asked for us to draw up a letter but he insists he will not stop me taking her or try to get her back so in a way maybe i have to believe him. I just dont know & it is a worry!

Just to cover you, tell him that it might be a legal requirement when entering UK without him that you have signed permission to take your daughter, if he has no reason to not permit you to take her I am sure he will not mind giving you signed permission. To emigrate you need a Stat Dec to take children from previous relationships, so just tell him that it is probably the same situation in reverse.

Wishing you the best of luck in your future plans.

sounds like a letter of consent would be a good idea,get it now while he's in a good mood.I know from my sisters experience that it can all go sour where kids are involved.
bet you're gutted about your marriage.
at least youve got your little girl.
try not to worry !!

I am upset my marriage is ending but if im honest its been a long time coming. Im actually ok about it all right now though i guess once im home it will hit properly!

Please do look at getting the letter. All I can say is that my brother and his wife are going through a divorce and things have turned extremely nasty regarding their children and custody/access. Just try and safeguard your future......good luck.

I would echo this. Good friends of mine have seperated in Oz and things have got very nasty in terms of custody, access etc. So you must safeguard yours and your daughters future security if you are going to seperate from her father.

Thanks guys i will!!!

I SECOND THAT...yes I am shouting...:curse: