colonel

My wife and I are looking to emigrate to Oz as my profession is on the list.

In order to do so, we will have to demonstrate that my wife has permission to remove our child from the jurisdiction as my son has a different biological father who we have not had contact with for approx. 5 years.

My son was born in Scotland and I have been advised that we require a letter from the courts confirming that no PR order exists. The biological father did not receive automatic PR as our son was born before automatic PR was introduced.

We have written to the Registrars of Scotland who have confirm that no PR order exists in the Registers of Session.

My question is will we be required to also produce a letter from HMCS in England even though, he was born in Scotland ?

Any (knowledgeable) help would be appreciated. We have been through all of the avenues available to date however, we are looking to avoid excessive legal fees for summary judgement direct from the Courts....

Thanks

Scotty1

Scotland and england have separate legal systems and while in many things they are the same, on issues like family, property, inheritance law, there are marked differences. If you are domiciled in scotland and scottish law applies, then it applies, you don't need to check out whether english law would be the same - it may or may not, but if it is not applicable then it doesn't matter!
You may wonder if Oz will understand that - but they have a federal system here and are quite used to the same country having different legal systems locally.
Your issue may be more complex if you are currently living in england with the child, but if you are in scotland you just need to comply with scottish law.
good luck
Scotty (who is indeed a proud scot!)

colonel

That is exactly of way of thinking....at worst, DIAC may request an explanation regarding point of law which in theory, would just require a Solicitor to draft a letter (I hope ?)

Thanks for you help....

JAJ

Probably better to be up-front with this letter.

colonel

Yes JAJ, think a sworn affidavit signed by a solicitor explaining point of law and also, a confirmation from my wife will suffice.

This will be further underwritten by the fact that we are unaware where the bio father is.