Early last year I moved to Australia from Scotland.

My wife was Australian and we had lived in Scotland for the past 6 years after initially meeting in Australia.

We had a young son that was born in Scotland.

They had moved out to Australia in late 2018 and I moved out in early 2019 after staying behind to finish work and sort out last remaining things.

I had only been there 10 weeks when we split up – and I returned to the UK before applying for a visa (I had to wait 12 weeks).

Part of the reason I had left was that we had been staying at my wife’s parents house, where her mother was an unstable and all-round horrible person to be around. An environment my now ex-wife continues to expose our son to.

Following my return to the UK its seem there are no viable visa options for a parent of a young child living in Australia. (They do have a parent visa where you pay $6,000 upfront, and which currently has a waiting list of 30 years).

I have had to continue working in the UK and go across to Australia when I can, which is not often and not at all considering current affairs. During this last year my ex has delayed sorting out any issues as much as we can and a year down the line and despite three 2 hour mediation sessions - we have just now come to an agreement on when I come to Australia the time I get to spend with my child. Other than that we have no other agreement in place in regards to our son. This includes financial aspects and she refuses to agree to sanction any trips for him to visit me or any of his family in the UK, which include elderly family.

I have struggled to find any information on a situation such as mine, even preliminary talks with solicitors don’t seem to get anywhere in terms of concrete information or next steps. The one thing I have garnered is the possibility of using the huge convention, but I had agreed for my Leo to move initially, however this was certainly not predicated on us breaking apart as a family. So has anyone been in a similar situation or could offer me any practical advice on how to proceed?

Any help would be much appreciated.
Hi, I understand that this is a difficult and troubling situation. However, this is a legal issue and since we're not legally trained and as such cannot give legal advice. The Child Law Advice website has an extensive archive of information on the law surrounding children, you can find out how to contact them here. If you feel you need further support please e-mail us at or call our freephone helpline on 0808 800 2222.
Your predicament sounds really frustrating with such a distance between you and your child.  I'm not going through anything nearly as complicated as you but I've found this really useful app that let's you log everything easily in one place that you can share with professionals such as Solicitors for them to access the data you have stored, I've been pleasantly surprised with how good it is.  This may be helpful to you in your situation given that there is a cross in legal jurisdiction between the UK and Australia.  Here's the link in case you would like to take a look and I hope you manage to find some sort of resolution:
Thank you KBee. I appreciate your understanding.

The app certainly does look helpful, I will give it a try - Thanks again.