Hi there,

I need some advice on how i am able to live with my new partner in Australia. I am from England, I have two young children aged 2 and 6 months with my ex- partner who for a series of years sexually mentally and physically abused me including before the age of consent. I haven't charged him yet because i don't want the courts to see it as a malicious lie to be moved to Australia with my fiance. However i intend to charge him as soon as we have moved.

I am of the understanding I need his permission to move the children to a different location. However i know for a fact, he will do anything to stop me out of spite even for the fact that he hasn't had anything to do with them for over 3 months now. I then have to apply to the courts if he refuses my proposal of 8 weeks a year ( which is a generous offer as he will only get supervised contact here at 2 days a week if it has been in place) He has another child with an ex partner, He only received visitation rights due to the fact his ex partner did not attend mediation and was granted 3 – 5 weeks a year according to his request ( in which he stated he could not afford the public transport to cover the 20 miles between him and his child ( his name is not on her birth certificate but is on both of my children's birth certificates)). Under this proposal we will have to pay for two trips from Australia to England each year( this will get harder and more expensive as the children grow older) as he cannot afford to pay for their travel or his own for that matter because he is on benefits and has stated to me several times he has no intention to work therefore i found a job and supported him and the children. He also states he has no intention of flying. I know he still won’t accept this offer and the courts will then decide.

My fiance earns approx. 50K Aud per year and intends to support us on this wage in Australia. He has supported us here in England to a large extent. He supplied money for the bond and rent of our house here in England, money for groceries and even flew over from Australia to support me when i lost my job. Without his support we would be on the streets awaiting council housing.. He has supported the children with nappies, milk, toys and clothing, and the love and attention they crave, for which my ex hasn't. He has supported me with much emotional support and helps me deal with the emotional upheaval of having been trapped in an abusive relationship. We talk between 6-7 hours a day through various forms of communication despite his work commitments and are very much in love.

What is the possibility of obtaining a prospective marriage visa and living happily ever after with my husband-to-be, in Australia, based on this information?