bettytweena

Hi all
Just started the migration process..its very daunting, especially in the area of my 14 year old son from a previous marriage, whose father will not sign to allow me to take him to Australia with me (even though my son is desperate to go- he loves it out there!).
I wondered if anyone had any advice with regards to court orders etc, and what the chances would be that the court will rule that I can take him. He has always lived with me (and his step dad and step brother).
A little reassurance is what is needed at the moment I think!!??!!
Do the courts usually put up barriers in these cases?

Sandy.l

Considering his age, he will most likely be asked his opinions of what he wants. The courts should deem him old enough to be able to express his views.

Be careful though. I have replied to a similar thread about this topic about a week ago. The one thing you must do is show that you are prepared to support contact between him and his natural father. Set up a proposed contact list, and enclose such items as school reports, regular photos, regular telephone calls and be prepared to offer to pay for all these items.

My stepdaughter emigrated with her mother about 7 years ago now against our wishes. She was only 4 at the time and was obviously too young to express her opinion. I remember on the forms there was a section about whether the child consented.

It has got easier for us, though we had to force her hand to get the minimal contact we do get. Let the courts know that you will support their relationship and this will probably help.


sandy

bettytweena

Hi Sandy.....thanks for your reply
I intend to promote as much contact as possible anyway.....offering to pay for one return ticket per year, and also purchasing a web cam etc etc....my sons relationship with his father is good, and I don't want that to change.
Again, thanks for your advice

S Oldfield

We also had to use the courts. My children wanted to go to Oz, but their opinion wasnt asked. I advised the judge that contact would be continued via phone, e-mail and webcam Also both the children and the ex would travel to keep contact. I know its not perfect but it is a start.

I did have other cards up my sleeve if ex created. if you want more info send me a pm

krissy

Hiya,

We are in a similar boat.
My ex will sign at stat dec though, however we were told that if he changes his mind that the courts will be highly likely to rule in our favour. I know it's hassle you don't need but I hope that this news is encouraging.

Kris x

earlswood

Hi Sandra hope you don't mind me asking?

My ex has sworn an affadavit for my two children to go, however my husbands son who lives with us is nearly 16 and going in the army. Although he isn't coming to OZ with us and doesn't want to, our Agent has advised us to put him on the application just incase he changes his mind later. His mother might not do an Afadavit even though she knows he isn't going (usual spitefull ex!) So is there an option to do something in court then?
Is that what you did?
If so was it expensive and did it take long as were doing meds in March.?

Thanks so much

Anita

morrie

I was very worried just like you that the childrens father would not sign. I do not know your circumstances but with me their dad never ever provided them with maintainence money or even any costs towards other things needed for them. I did go and see a solictor and get advice, and in my case he did not stand a chance. L ike Sandra I did prepare other things like asking his parents for a letter to take to court to say there wishes and digging out as much dirt as possible on him. On the day of the hearing I spoke to him stating that I will inform him of when we will leave ,where we will be staying and to get the children to write to him and phone.

teach

We just had a 10 year old at school whose mum and step dad want to take him to Canada. At first his dad said yes, but then as things moved along he changed his mind. Mum had to take dad to court to sort things out. She won and boy is going to Canada to live at the end of Feb.
History - The boy lives with mum and has always done so, but has a lot of contact with dad, he sees him 2 or 3 times a week after school and goes over most weekends.

Hope this helps.

Sarah

loose

I hope it all works out for you, but want to give a fathers perspective.

I'm not saying this situation applies to any of you, but if the marriage breakdown is no fault of the fathers, should the mother be allowed to move abroad with the children? My own opinion is that fathers are hammered by antiquated family laws in this country as it is.

I'm not having a go at anyone here, and it sounds like all concerned are trying to do right by their children and ex-partners, so fair play. Just having a little sound off I guess after being on the receiving end!

poor me.

Hope it all works out for you.

morrie

I understand what you are saying and feel that if a child will be afected by the mum taking them away from the father then there needs to be some sort of compremise. In my case the childrens dad was not as a dad should be and I'm sure he felt the same as he was happy to sign the order and felt it would be the best opotunity for them to leave.