Hey,
I am looking for advice on something
My ex and I have newly split up and are going through chats about our child is 2. We haven’t locked anything in yet and it is a work in progress but I am concerned about our longer term circumstances.
I am an aussie, here in the uk on my partners visa for the past 12 months. We lived in aus for 4 years and have a house there, had our child there and only decided to temporarily move back here to spend time with my partners family and allow our child to build a relationship before returning to aus to settle in for our little one to start school.
Now that we are separating, I am worried that I am going to have a fight on my hands for our original plan for our child to grow up in aus.
As stated, this was always a temporary move, we left bank accounts, business setup, rented out our house, toured primary schools for our return because we had every intention to relocate back there, my partner is a permanent resident over there and I am only on temporary visa here in the uk which will obviously lapse once we get divorced.
What are my chances of a successful right to remove case to take my child home? I know that I will need to apply via court if I don’t get the consent as we both have parental responsibility. My ex can obviously move back with no immigration problems as they were always happy to prior to separation and I would be happy for our child arrangements to be mirrored in aus (lets say it is a 50/50 shared arrangement for argument sake). I dont see how it is fair for our child to lose the upbringing we agreed was in their interest and the family links with the rest of their family now that we are no longer together when we were happy to uproot her to offer the same on this side of the world.
I am looking for advice on something
My ex and I have newly split up and are going through chats about our child is 2. We haven’t locked anything in yet and it is a work in progress but I am concerned about our longer term circumstances.
I am an aussie, here in the uk on my partners visa for the past 12 months. We lived in aus for 4 years and have a house there, had our child there and only decided to temporarily move back here to spend time with my partners family and allow our child to build a relationship before returning to aus to settle in for our little one to start school.
Now that we are separating, I am worried that I am going to have a fight on my hands for our original plan for our child to grow up in aus.
As stated, this was always a temporary move, we left bank accounts, business setup, rented out our house, toured primary schools for our return because we had every intention to relocate back there, my partner is a permanent resident over there and I am only on temporary visa here in the uk which will obviously lapse once we get divorced.
What are my chances of a successful right to remove case to take my child home? I know that I will need to apply via court if I don’t get the consent as we both have parental responsibility. My ex can obviously move back with no immigration problems as they were always happy to prior to separation and I would be happy for our child arrangements to be mirrored in aus (lets say it is a 50/50 shared arrangement for argument sake). I dont see how it is fair for our child to lose the upbringing we agreed was in their interest and the family links with the rest of their family now that we are no longer together when we were happy to uproot her to offer the same on this side of the world.
