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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My daughter her husband and baby flew from Dubai to the U.K.

Customer Question

My daughter her husband and baby flew from Dubai to the U.K. to visit his family. He had a argument with his family and flew back to Dubai leaving my daughter and baby with his family. He then text my daughter telling her he wanted a divorce was selling her car getting rid of their apartment and cancelling the babies nursery place, and that she should take the baby and come back to Australia. My daughter is booked on a flight back to Australia early next week but she is worried she could be accused of kidnap if she does this without notifying him first. She had planned to inform him when she was here and encourage him to keep in touch with them to see if they could work things out. The problem is he has anger problems and is very verbally abusive and refuses to seek help. So should she inform him prior to flying here or when she arrives safely in Australia.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Also the baby is an Australian citizen and has an Australian passport and has been here for visits twice before. Her father hasn't made any attempt to get her UK passport as yet. She also always travels with her mother even on this trip he flew on a different airline on a different day.
Expert:  Brisbane.Lawyer replied 1 year ago.
Hi, I assume that the husband has said all of these things in the heat of the moment.. and he may or may not have meant them... if you or your daughter cannot talk to him directly... perhaps ask his family to contact him, and ask him whether he meant what he said... and if so, if he will provide his consent in writing, for your daughter and their baby to travel to Australia next week. If he will, then he did mean everything, and there will be no problem flying to Australia. I assume that currently the facts are as follows:- that no divorce papers have yet been filed;- your daughter's car and apartment have not yet been sold (though you can check to see if they are listed for sale in Dubai);- you can contact the babies nursery place and find out if it has been cancelled, etc. If none of these things have happened.. then, it is safe to assume he did not mean what he said. With regard to relying on his heated verbal instructions... I do not recommend doing so.. It is prudent to inform the husband, and not to fly to Australia without his consent or permission. This is the minimum that would be required in Australia, so I assume the same would apply in Dubai/UK. Kind regards, James