AliC

Hello
I am hoping to emigrate to Australia and have been going through the booklet 6 - I am a bit worried by the custody requirement as my daughter is 3, and I don't have a court order in place to say I can take her out of the country. I would really not want to contact her father as he would not sign a statutory declaration for the hell of it. Is there any other way around this? Her fathers name is not on her birth certificate, we have never been married and he has not been to court for parental responsibility. He did not bother to see her until recently and has been making our life hell. ANY advice is very gratefully received. Thanks very much
Ali

krissy

Hiya Ali,

As I understand it, if he is not named on the birth certificate and has no parental responsibilty you can simply fill out a stat dec, witnessed by a solicitor stating this fact. You would not need his permission. I would get this done as soon as possible before he twigs that you are off and goes to court to put a spanner in the works.
I would think that is all DIMIA would need for the application.
I think that is right, however you might want to call DIMIA helpline or speak to an agent. One of the agents on here will advice you I am sure.
Hope this helps,
Kris

Boomie

I feel this too............. but check with agent if ure using one and get solicitors advice.........

You want everything above board........ cuz if ya don't and he does get to hear about it after you've gone....... you may be forced into coming home for a court case, if hes wants ta play dirty!!!!........... Not that he would get anywhere with it, plus it could prove to be an expence you could do without.

love boomie - good luck
xxxxxxx

AliC

Thanks for the advice, think I better get on with it - do you know if I apply and in ten months time I am still waiting for a decision and he then trys to go to court what will happen - the court proceding could be lengthy as we would have to go through DNA testing.
Thanks for any advice.

Boomie

When you fill out ure apliocation you will need all the legalities sorted out. As certified copies of any orders/court orders......... or a stat dec.....if thats all it takes.... will have to be sent with application.


With our application we had to include certified copies of my divorce cert, all adoption papers, i did all old n new birth certificates.....and the court order dispensing with the ex's parental responsibility

hope it helps


love boomie
xx

anne wilson

My eldest son is from a previous marriage. I needed permission from his father before we emigrated, as we were married when my son was born. My solictor told me that if we hadnt been married at the time of his birth I wouldnt have needed his permission.

Also, my solicitor advised that if my ex-husband took us to court to try and stop us emigrating, he would have a very slim chance of succeeding as we are a stable family unit and he hadnt given financial or emotional support for my son for many years.

Hope this helps...

Anne

AliC

Thanks for all your replys and advice - does anyone know the wording, or where I can find the wording for the Stat Dec for me to sign to say that no one else has has any legal right to say where my daughter lives? - also does anyone know of any sucessful visa applications with this stat dec, rather than a court order or Stat dec from her father.
Thanks very much in advance...