I emigrated to Australia in April 2007 with my husband and three children, aged 2,3, and 8. We had been having marriage problems, my husband had had numerous affairs and had become violent towards me. However, he promised me the earth if I went with him, and I was not to deprive the children of a much better life in Australia. I know now that I should never have got on the plane but at the time I was not in a position to make a rational decision.
After 3 months, my husband embarked on another affair with a fellow policewoman. I found out, and he became aggressive and threatening towards me and the children again. My mother was visting at the time and asked me what did I want to do? I went and sought legal advice, the solicitor advised that once I was on the plane at Singapore, I was free and my husband could not stop me. Not at any time did he mention the Hague Convention and the fact that I was committing an offence.
I landed in Heathrow on 7 Sept 2007 and headed up to Scotland with my children. The children were delighted to be home. My husband followed us a few weeks later. He was given access to the children in the time he was here, then he returned to Australia without us. On his arrival back in Oz he instructed a solicitor, and I was served papers citing me for international abduction under the Hague Convention. I had never heard of this law, and was shocked that such a thing was never brought to our attention prior to emigrating.
I lost my case last week, and was ordered to return with the children within 7 days. I had 5 witness statements and affadavits confirming the abuse and trauma I had received prior to going to Oz. The judge tore me apart for going to Oz, I regret that every day since but at the time I thought I was doing the right thing for my children. She still found me guilty even though my eldest has expressed strongly that he does not want to return.
I have been told I cannot appeal the decision as we have nothing to appeal with. In desperation, I went onto the internet to do some research. I found this wonderful site and the support Stacey has given us has been amazing already. I have really bad days where everything feels hopeless, but am determined to fight.
This Hague Convention needs to be challenged so the children can be heard.
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my husband and i met in australia, i got pregnant only two weeks after meeting him. He is irish and i am canadian. i went home to canada to have the baby and after six months i gave him an ultimatum to come to canada and be part of our lives or not to be. he came over and my son was born in feb 06. my husband told me that if i came to ireland i could leave with our son at any time. i believed him. he told me that it was a lovely place and his family was dying to meet our son. i agreed to come over on the condition that if i didn't like it, we were free to come back at any time. before we came over to ireland we got legally married... upon arriving in ireland, my husband became verbally abusive and began punching walls. he went out every night with his friends leaving me with our baby alone all day and night. i became so depressed i couldn't function. he treated me with disrespect and on several occasions became physically abusive, i had to ring the police. one incident he attacked me while i was holding our baby and forced me to drop the baby onto the ground. his family didn't and doesn't believe a word i say. they are absolutely horrific. he took me to court and got access to see his son. he sees him from friday to monday night. his days off are monday and tuesday and his mother looks after the baby while he's working, she also looks after him while my now ex-husband goes out with his friends on the nights he has our son. he is 26 years old! he refuses to take our son on his tuesdays off because he says he needs time to himself. now i'm stuck in this country with not a friend, not a single support so that he can see his child for one day a week. i'm thinking i should just pull the plug and go home. my quality of life is just really bad. so is my son's becuase his mommy is so unhappy. i just wonder what to do? my life revolves around my sons his father. it's like he has all the rights and my rights don't exist. my son doesn't need a father like him around. i've even had a barring order against him. he had to make an undertaking to the court in november to not threaten or harras or abuse me in any way. not a positive role model at all. another thing, in canada the medical system is free and instant. here we've been waiting over a month to see a doctor. my mother's side of the family hasn't even met my son. does he not have a right to meet my family too? i'm so glad i found this websight. is there anyone who wins these cases? i think i really got myself into a jam coming here, this HAGUE convention is like a big blanket just smothering peoples lives, it needs to change. this just isnt right.