Moving back to Canada from Australia

Moving back to Canada from Australia

by heavenleigh
(Australia)

I was born and raised in Canada and moved to Australia about 11 yrs ago where I was married to my husband (he has duo citizenship for aussie and Canada).

We have 2 children now who also have duo citizenship to both the countries.

My husband and I are now separated. And I would like to move back to Canada with our 2 children.

Do I need his permission or can I just leave?

Thanks
Heavenleigh

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Moving back to Canada from Australia

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Moving back to Canada from Australia
by: Sharon - Expats Guide

Dear Heavenleigh

Thanks for your inquiry (please note that I am not an international Lawyer.

Both Australia and Canada have signed The Hague Convention on the Civil Aspects of International Child Abduction. Therefore if you take your kids back to Canada without their father's permission you might be accused of child abduction.

You can read more about this subject in here.

I believe the best thing is to consult an International Divorce lawyer who is familiar with family laws that are been practiced in Australia and Canada

Good Luck
Sharon

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