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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My wife is an Australian citizen who has two children from a

Customer Question

My wife is an Australian citizen who has two children from a previous marriage. The children are 10 and 13 and they are also australian citizens. Wife and both children hold UK passports as well.She went to court and had a child arrangements order awarded in her favour specifying children reside with her. At the court the birth father advised the court he would not be challenging the case as he was moving to Holland, which he did. 6 months later (no contact with children) he has moved back to Australia.We intend to move to australia next year. Will my wife need to go back to court to seek permission (leave to remove) to do this or is she ok to just return to Auz (bearing in mind both children were born in Auz and birth father has returned to Auz)?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWas it a UK Court which made the Order?has she told her ex she wishes to move back?
Customer: replied 1 year ago.
Yes it was a UK court where child arrangements order was made. Yes she has told her ex she wishes to move back to Australia.
Expert:  Clare replied 1 year ago.
Hi
Did the father express any objections?
Clare
Customer: replied 1 year ago.
No he did not object, in fact a yea ago (pre-court) he was desperate to go back and we all talked together about returning to australia, but there is nothing in writing regarding those conversations.
Expert:  Clare replied 1 year ago.
HI
In that case there is no need to apply for leave to remove - it would only be relevant if there was a possibility of an objection!
Please ask if you need further details
Clare