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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44858
Experience:  24 years experience. Admitted in New South Wales and the UK.
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in 2012 my husband and I along with my 2 children moved to

Customer Question

in 2012 my husband and I along with my 2 children moved to Australia on a 457 visa. After 7 months our marriage broke up and the children and I came home to Scotland. My husband, who is also Scottish has applied for permanent residency for both himself and the children, even although they live with me in Scotland. Once they receive PR for Australia will my husband be able to keep my children there against my wishes, for example not let them return home after a holiday visiting him.
Submitted: 3 years ago.
Category: Australia Law
Expert:  Leon replied 3 years ago.
Good Afternoon,
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
If your children come to Australia, and you do not have orders that they be returned after a certain time, you have nothing that is enforceable to have them returned.
Do you and your husband have court orders in relation to when the children come to Australia to spend time with their father?
Customer: replied 3 years ago.

No I do not have any court orders that state the children must be returned. My daughter is 16 and my son is 11. My husband was issued with a legal separation agreement from my lawyer, but he refused to sign it.

Regards

Shirley Henry

Expert:  Leon replied 3 years ago.
Good Morning Shirley
I would not send the children over.
Being Permanent residents they can stay here and you will not be able to get them back unless you fly owner and file an application in the Family Court.
I would suggest if he wants to see them he fly to you.
If there are no orders for the children they say you agree to send them over, he cannot do anything.
I hope this makes sense and is of assistance.
Customer: replied 3 years ago.

The children do not have PR for Australia yet, I haven't signed the application yet. If I get a custody order through the court in the UK with their dad agreeing to return them after holidays, would it be safe to let them have PR then. Does Australia recognise a UK court order?

Expert:  Leon replied 3 years ago.
Good Morning Shirley
That would make it safer for you and you can enforce it in Australia
When it comes to Children you can register the order in Australia.
I hope this makes sense and is of assistance.
Customer: replied 3 years ago.

I will make arrangements for a custody order to be put in place stating that the children must be returned to the UK after holidays.

How do I register it in Australia?

Regards

Shirley

Expert:  Leon replied 3 years ago.
Good Evening Shirley
You have to register it with the family court of australia.
Here is the process.
http://www.ag.gov.au/FamiliesAndMarriage/Families/InternationalFamilyLaw/Pages/Registrationofoverseaschildorders.aspx
Good luck with it.
You are very welcome and thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Leon and other Australia Law Specialists are ready to help you
Customer: replied 3 years ago.

I am very happy with the information you have given me. I don't have any more questions.


 


Thank you

Expert:  Leon replied 3 years ago.
Good Morning Shirley

You are very welcome and thank you for the excellent service rating.

Leon