Father hoping to emigrate with son & girlfriend
May 17th 2012, 6:44 pm
#1
Just Joined
Thread Starter
Joined: May 2012
Posts: 2
Father hoping to emigrate with son & girlfriend
Hi everyone,
I am a 33yo father of one and live in Scotland with my 8yo son & girlfriend of 4 years.I have had sole custody of my son for the past 4 years & he has lived with me the past 4 1/2 years.His mother moved away from us to a nearby town 3 years ago but has no order for contact.My name is on his birth certificate.His mother & I set up arangements for contact through our solicitors which gave her access for him to sleepover on a friday night but she has failed in sticking to this time & time again over the years.Lets just say she has not played any part atall in his upbringing since he has lived with me despite me being the one trying to get her involved by way of setting up new arrangements tailored to suit her.Neither does she contribute financially.She now has had no contact for a year
Last June I put it to her that myself,son & girlfriend were seriously thinking about immigrating to OZ & she agreed to this verbally so i set the wheels in motion.Unfortunately due to finances we had to put the move on hold but now there is a very real chance of this happening this year.As the mother has got wind of this she has said theres no way I am going & that she will take me to court to stop me.She is unemployed & will prob get legal aid whereas legal action would cost me a fortune thus putting the move on hold again.
So...my questions are this.Do i actually need her permission to go ahead with our 4yr working visa applications ? How will the pending court case (if any) effect our application for visas & how would the OZ/Scottish authorities view my situation ?
I have read many different forums with people in similar situations with mixed posts.All very confusing.I would be most greatfull if anyone could share their knowledge or experience here.
Thank you
I am a 33yo father of one and live in Scotland with my 8yo son & girlfriend of 4 years.I have had sole custody of my son for the past 4 years & he has lived with me the past 4 1/2 years.His mother moved away from us to a nearby town 3 years ago but has no order for contact.My name is on his birth certificate.His mother & I set up arangements for contact through our solicitors which gave her access for him to sleepover on a friday night but she has failed in sticking to this time & time again over the years.Lets just say she has not played any part atall in his upbringing since he has lived with me despite me being the one trying to get her involved by way of setting up new arrangements tailored to suit her.Neither does she contribute financially.She now has had no contact for a year
Last June I put it to her that myself,son & girlfriend were seriously thinking about immigrating to OZ & she agreed to this verbally so i set the wheels in motion.Unfortunately due to finances we had to put the move on hold but now there is a very real chance of this happening this year.As the mother has got wind of this she has said theres no way I am going & that she will take me to court to stop me.She is unemployed & will prob get legal aid whereas legal action would cost me a fortune thus putting the move on hold again.
So...my questions are this.Do i actually need her permission to go ahead with our 4yr working visa applications ? How will the pending court case (if any) effect our application for visas & how would the OZ/Scottish authorities view my situation ?
I have read many different forums with people in similar situations with mixed posts.All very confusing.I would be most greatfull if anyone could share their knowledge or experience here.
Thank you
May 17th 2012, 8:14 pm
#2
Lost in BE Cyberspace
Joined: Feb 2009
Location: UK
Posts: 14,284
Re: Father hoping to emigrate with son & girlfriend
I don't know a great deal on the topic, but I do know you need either her permission or a court order. Your visa application will not be processed until this is sorted, well yours could be but your sons will not.
You mention 4 year work visa, I assume you mean the 457 temporary employer sponsored. Does the employer know about the situation, because they might now want to wait that long, I have seen these cases take a year or more. It isn't really a process that sits will with 457 visa application.
You mention 4 year work visa, I assume you mean the 457 temporary employer sponsored. Does the employer know about the situation, because they might now want to wait that long, I have seen these cases take a year or more. It isn't really a process that sits will with 457 visa application.
May 18th 2012, 4:56 am
#3
Reg. Migration Agent
Joined: Jan 2003
Location: Inner Western suburbs of Sydney
Posts: 4,483
Re: Father hoping to emigrate with son & girlfriend
Hi Captain Nimrod,
Jude is pretty much correct, unfortunately. The child can't be taken out of the jurisdiction without permission, either given voluntarily or through a court.
Cheers,
George Lombard
Jude is pretty much correct, unfortunately. The child can't be taken out of the jurisdiction without permission, either given voluntarily or through a court.
Cheers,
George Lombard
May 18th 2012, 11:03 am
#4
Just Joined
Thread Starter
Joined: May 2012
Posts: 2
Re: Father hoping to emigrate with son & girlfriend
Thanks Jude & thanks George.Sadly this has confirmed my worst nightmare.It now seams like I am in a catch 22 situation.The move was happening through a recruitment agency so no...the employer does not know my situation yet as ive not even been interviewed yet.I guess I'll have to raise court action myself & take it from there.Thanks again guys.You two have answered my questions that my solicitor & recruitment agency couldnt so much apreciated !!!
