sweety

We are hoping to emigrate to Oz, but are concerned about the children, Ive been told I need their fathers permission before taking them out the country, can somebody advice me on how to get around this, heres my complicated story....

I have a 12 year old, his father left before he was born and so he is not on the birth cert, haven't seen him since, and dont know of his whereabouts.

I have another 2 children (6yr & 5yr) and although I later married their father I didnt put his name on birth cert either, and since we are now divorced (met 1997, married 2002,split 2003) he hasnt been in touch with them either - he met a new girlfriend and lost interest in his children...
Although he hasnt seen his own children, hasnt paid for their upbringing and is not on the birth cert, do I still need his permission??

many thanks,
Saffy

kevinbloomfield

Saffy

Why don't you have a free meeting with a solicitor? I think most of them offer this service (hoping you will use them for other work in the future). We had a similar issue to you (apart from the father wasn't married to my now wife). As they were not married the father had no parental rights. We paid the solicitor £50 to send a letter to our agents detailing all of this and quoting the relevant law.
Good luck

sweety

£50?!! wow thats cheap! might look into that thanks

kevinbloomfield

yep, small fry compared to all the other expenses

kiwichild

Think you need professional legal advice on this. father of 12 yr old may need to be petitoned by the courts thru the local paper. father of the other children may have some say legally still.

Either way you need to get a judgement in your favour I think, as Australia is a signatory to the Hague convention on child abduction ( which it could be seen as if the British courts haven't approved your relocating them)

sweety

Been told, 12 year old isnt a problem, solicitor can write letter saying i have full rights in UK law, the father of the other 2 is a different matter because i married him, i need his permission so sent him a recorded delievery stat dec. just got to wait and see now....hope im getting my facts right

kiwichild

Good Luck

sweety

The other 2 childrens father, who as nothing to do with them now the divorce is final and the house has been sold (sept 2004) i was adviced to send a letter asking for permission with a subtle hint that if he doesnt sign it it wouldnt be in his best interest financially, as a court appearance would be by far more expensive and it would go in my favour....the money bit is a scare for him, he hates parting with it, so to avoid a court hearing, and knowing he hasnt bothered with the kids since sept last year, he would be more inclined to sign.....ill keep you posted

kiwichild

Cool. Be interested in seeing how you get on. Also the less he has had to do with them, the better it is for you

Take care and hope all goes well

kevinbloomfield

Poor bloke getting the stick again
I feel sorry for him

sweety

WHAT?????? :scared:

sammy77

Can anyone help me please?
My daughter is in a similar position in that she is not married to the father of her child, but his name is on the birth certificate. Will my daughter need to get the father to give permission?

Thanks,
Sammy

sweety

Hi there,

Being on the birth cert doesnt automatically give the father parental responiblities depending on how long ago the daughter was born?

If there are any access rights in place then yes you will have to seek his permission

How old is your daughter?

Saffy

kevinbloomfield

Sammy

I would say no, the ex partner of my wife is on her son's birth certificate but they were never married. However I know the law says someting about when the child was born, our child is 15 (born in 89) so it wasn't a problem. If the child is 1 or 2 I think the law is different.
Call a solicitor and arrange a 15 minute free meeting. Best get this clear before you get much further on.

sweety

sorry...how old is the child in question