4 Comments Family & de facto law, financial agreements, consent orders
Hate to tell you but the father does on have any rights.
If you split up it is the children who have the rights, those rights are to be clothed and housed and to spend time regularly with each parent.
If after any split you return to the UK, you will be denying the children one of their rights.
The kids did not ask to be born, might be an idea to man up and put the kids first.
Sorry, not what you wanted to hear, but as Forest Gump said, "Life was not meant to be a bowl of cherries".
Please feel free to add to this thread, if any of us can help you come to terms to your situation, we will. Firstly are the two of you still together, or are you separated?
I am going to be a bit more delicate than Martin. BUT he is right.
If you choose to leave Australia you are effectively demonstrating that you do not have an interest in having a meaningful relationship with the child. You may be able to negotiate some occasions for the child to visit in the UK or for you to return to Australia to visit.
Once a child turns 12 the courts will consider their opinion BUT that doesn't mean the courts will do what the child wants, so in short if the child says he/she wants to live in the UK the court is unlikely to grant that as it would deprive the other parent with contact.
Relocating with the child is obviously not going to happen within the Australian legal system given we are signatories to various international treaties that cover this stuff.
Thank you both for your reply.
The situation is that the unmarried couple both live in the UK. The man is British, the woman is Australian. They are having a baby. She is returning to Australia to have the baby, but is not intending to return to the UK. He want to do the 'right' thing and get married, she doesn't.
He cannot, as his new business is about to break through into the market. So the question is what rights, if any, would he have should the woman decide to stay in Australia?
He will probably be unable to do anything if she returns to Australia before the baby is born.
He should apply to the UK Family court before she leaves. He may be able to prevent her taking the children out of the country, but he will be unable to do anything about her leaving. UK Family law will apply, he may be able to block her taking his children out of the country if British Law is similar to Australian law. He should see a Family Law solicitor in the UK for assistance. We are unable to advice as British not Australian Family law will apply.
Were the children born in Australia or the UK?