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Can a child be taken out of the country ?

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Can my wife take our son back to the uk

We emigrated to Australia in 2006 . Can my wife legally take our child back to the Uk to live without my permission. I'm really scared to loose him.

We emigrated to Australia from the Uk in 2006. If me and my wife split up can she take our child back to the Uk legally without me sating so. Start of many problems. I'm scared.

Emigrated to Australia in 2006. We are on a pr visa. It is likely that me and my wife will split up/divorce. Can she take our 8 year old boy back to the Uk to live. Is there anything I can do to stop this. I have not got a clue about laws or anything. I am really scared to loose him.
Legally or not if she has his passport yes she can go whenever she wants. Right now there is nothing at all to prevent her from doing so. If you are heading towards a separation you can be in no doubt that she has considered her moves and made preparations for whatever she is considering doing. Once back in the UK the arguement from her will be that you have only been in Australia for 2 years all the family are in UK etc so you will have a huge fight to get him to come back and her arguements for them staying may be very strong. If you have possession of his passport or it is held by a trusted person or at the last resort a solicitor then you both have to agree to where he goes.

Also you should consider a child alert/airport watchlist. This is obtaned through the courts through the Federal Police(see the FLC website) and prevents him leaving the country without permission from the court.

Get on to it ASAP/urgently. Once he is O/S you may find the treaty to be of little benefit to you.

"When there is no enemy within, the enemies outside can not hurt you"
I don't believe that there isn't a definitive yes or no, however it is wrong for a parent to remove a child from a it's habitual country of residence and is contrary to the Hauge convention, to which many countries are signatories (Australia is, as is the UK) and in theory you would get support for your son to be recovered (not an ideal situation though) should an abduction take place.

First does you son have a passport? If not then without the signature of both parents it would be hard to get a passport officially, without a passport it would be very hard to travel internationally (not impossible though).

You should look into getting a court order that prohibits the removal of the child from Australia. If you join the SRL-Resource assistance may be given with obtaining such an order. Click on Community close to the top and then on SRL-Resource and have a good read of the material and how to join.

Here's a link to preventing child abduction page of the Attorney General's website. This provides additional information, actions and links on the subject. AG's Preventing Child Abduction Page


Presently you are under the jurisdiction of the Australian Courts. Whatever happens you are very likely to face a hearing if the Mother wishes to return to the UK. It would be preferable for this to occur in Australia rather than remotely if the child is taken overseas.

Hague cases are at best problematic and habitual residence is a quicksand area. In a Court, the Mother could argue this was a trial move that 'has not worked out' and because of the shorter Australian duration the UK is technically the habitual residence.

Without knowing more circumstances it is difficult  to suggest a course of action other than obtaining the childs passport and an Airport Watch order if the child is entitled to another passport.

SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
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