ex partner consent
Feb 27th 2004, 10:17 am
#31
Joined: Feb 2004
Location: Brisbane and loving it!!!!
Posts: 632
Hi
I Had not spoken to my ex for many years after loads of court visits for non payment of maintenance etc.He hasn't seen my youngest for 3 yrs and doesn't pay maintenance she is 15 will be 16 when we hope to go to Oz.
I was really nervous when phoning him feeling beholden to him luckily he agreed only after pointing out to me he was concerned about her welfare!!!Luckily he sent the Stat Dec back after 2 wks witnessed at a solicitor I just need to get it all done quickly before he changes his mind.
I really feel for you all
Nikki
I Had not spoken to my ex for many years after loads of court visits for non payment of maintenance etc.He hasn't seen my youngest for 3 yrs and doesn't pay maintenance she is 15 will be 16 when we hope to go to Oz.
I was really nervous when phoning him feeling beholden to him luckily he agreed only after pointing out to me he was concerned about her welfare!!!Luckily he sent the Stat Dec back after 2 wks witnessed at a solicitor I just need to get it all done quickly before he changes his mind.
I really feel for you all
Nikki
Feb 28th 2004, 2:27 am
#32
Forum Regular
Joined: Jun 2003
Location: ferndown dorset
Posts: 55
we are in a similar situation to you. my sons father refuses permission for him to leave the country. my son has refused to see him for over a year. we have a final hearing in may.
sazzle - we are in the same position as you but going to aus. we have been strongly advised that if we want to win our case we need to go to aus first to find schools, areas to live, lifestlye info etc, etc, so we are going out march 30th for 3 weeks. The judge needs to see that you are well organised and that my son whose 11 really wants to go, so if he has been out first it obviously supports your case.
BUT my sons father has no parental responsibility so doesnt need to be asked if we can go on holiday, but as it is going through the courts we had to ask his permission, which he wouldnt agree too. so another visit to court and time off work etc to get permission from the court to go on holiday, so may be worth considering. hopefully your ex isnt as big a w****r as mine. pm me if you want any more info can share lots with you as we are nearing the end of our very daunting process. good luck
laura
sazzle - we are in the same position as you but going to aus. we have been strongly advised that if we want to win our case we need to go to aus first to find schools, areas to live, lifestlye info etc, etc, so we are going out march 30th for 3 weeks. The judge needs to see that you are well organised and that my son whose 11 really wants to go, so if he has been out first it obviously supports your case.
BUT my sons father has no parental responsibility so doesnt need to be asked if we can go on holiday, but as it is going through the courts we had to ask his permission, which he wouldnt agree too. so another visit to court and time off work etc to get permission from the court to go on holiday, so may be worth considering. hopefully your ex isnt as big a w****r as mine. pm me if you want any more info can share lots with you as we are nearing the end of our very daunting process. good luck
laura
Feb 29th 2004, 12:21 am
#34
Guest
Posts: n/a
If you have been married to the dads I would not know what you would have to do.
If not married then you are in the same position we have been in.
And I could tell you what to do, it only took us 48 hrs to have the required paper work.
Regards:
If not married then you are in the same position we have been in.
And I could tell you what to do, it only took us 48 hrs to have the required paper work.
Regards:
Feb 29th 2004, 4:57 am
#35
Forum Regular
Joined: Jun 2003
Location: ferndown dorset
Posts: 55
Originally posted by phoneone
If you have been married to the dads I would not know what you would have to do.
If not married then you are in the same position we have been in.
And I could tell you what to do, it only took us 48 hrs to have the required paper work.
Regards:
If you have been married to the dads I would not know what you would have to do.
If not married then you are in the same position we have been in.
And I could tell you what to do, it only took us 48 hrs to have the required paper work.
Regards:
Feb 29th 2004, 5:00 am
#36
Forum Regular
Joined: Jun 2003
Location: ferndown dorset
Posts: 55
Why does no marriage make a difference?
My previous partner and I weren't married and we have had to get his permission even though he has no legalised parental responsibility! Did not being married make a difference legally because our solicitors and all the info we have read has said otherwise?
Regards
Lau
Regards
Lau
Originally posted by phoneone
If you have been married to the dads I would not know what you would have to do.
If not married then you are in the same position we have been in.
And I could tell you what to do, it only took us 48 hrs to have the required paper work.
Regards:
If you have been married to the dads I would not know what you would have to do.
If not married then you are in the same position we have been in.
And I could tell you what to do, it only took us 48 hrs to have the required paper work.
Regards:
Mar 4th 2004, 2:22 am
#37
Just Joined
Joined: Feb 2004
Posts: 7
does anyone know if this is correct - I was never married to my daughter's father, he is not on her birth certificate and has not yet applied for Parental Responsibilty through the courts, but he says if I try to take her he will go to the courts for partental responsiblity and stop me - even though he is not really interested in my daughter.
Anyone else been through this?
Thanks
Ali
Anyone else been through this?
Thanks
Ali
Mar 4th 2004, 3:12 am
#38
Forum Regular
Joined: Jun 2003
Location: ferndown dorset
Posts: 55
Originally posted by AliC
does anyone know if this is correct - I was never married to my daughter's father, he is not on her birth certificate and has not yet applied for Parental Responsibilty through the courts, but he says if I try to take her he will go to the courts for partental responsiblity and stop me - even though he is not really interested in my daughter.
Anyone else been through this?
Thanks
Ali
does anyone know if this is correct - I was never married to my daughter's father, he is not on her birth certificate and has not yet applied for Parental Responsibilty through the courts, but he says if I try to take her he will go to the courts for partental responsiblity and stop me - even though he is not really interested in my daughter.
Anyone else been through this?
Thanks
Ali
Hi ALi, from what we understand the visa processing centre will want proof that permission has been sought where possible. If a Mother or Father hasn't been around for years they still require you to seek permission from the courts. This proves that every chance has been given to the parent to object to the child emigrating. Im not sure what the stance is when they are not named on the birth certificate. The court proceedure is to ascertain the childs best interest so if the father has no contact then the situation is in your favour. However, should he go for parental responsibility and try and re-establish contact then it can get difficult! The chances are you will be asked for proof of permission so you may well have to go through the courts. We are in a similar situation, no parental responsibility and no contact at the moment but we are still having to go through the courts to get what they call A SPECIFIC ISSUE ORDER which allows removal from the UK. We have even been advised to make sure we go to Oz for a visit with the kids as they have not been before! My advice is get a good solicitor whos dealt with cases of a similar nature, if the birth certificate makes no difference then you'll need to get permission from the court.
Mart
Mar 4th 2004, 4:01 am
#39
Forum Regular
Joined: Feb 2004
Posts: 183
Originally posted by AliC
does anyone know if this is correct - I was never married to my daughter's father, he is not on her birth certificate and has not yet applied for Parental Responsibilty through the courts, but he says if I try to take her he will go to the courts for partental responsiblity and stop me - even though he is not really interested in my daughter.
Anyone else been through this?
Thanks
Ali
does anyone know if this is correct - I was never married to my daughter's father, he is not on her birth certificate and has not yet applied for Parental Responsibilty through the courts, but he says if I try to take her he will go to the courts for partental responsiblity and stop me - even though he is not really interested in my daughter.
Anyone else been through this?
Thanks
Ali
Mar 21st 2004, 6:17 am
#40
Forum Regular
Joined: Jan 2004
Posts: 241
Originally posted by dolly1
Hi the best thing that you can do is see a solicitor specalising in Family law- some have free one hour consultations. Hope it goes well for you. Dolly
Hi the best thing that you can do is see a solicitor specalising in Family law- some have free one hour consultations. Hope it goes well for you. Dolly
My son has just returned from a weekend visit with his father. During the visit, the topic of our migration to Oz arose (suprise, suprise!). My son told hgis dad quite firmly that he wante to go...ex got extremely upset.....but said what is the point of fighting in court if son has made up his mind......maybe he will stop the court case (which had got really nasty and messy) and sign a stat dec....will make our lives a whole lot easier at the moment, enough to worry about with possible point increase in July.....
Just thought I'd up date you
Dolly...will send PM with all details
xxxx
