bettytweena

Hi all

Just wondered if anyone knows of any cases where migration had to be cancelled because the courts wouldn't allow children from previous relationships to leave the country?

I have a 15 year old (almost), who really wants to come, but his Dad is refusing permission at the moment, so I may have to go the court route, although I would rather try all other alternatives first.

Many posters report positive outcomes, but anyone know of any refusals?????

A worried tweena

Don

You'll be refused unless you have the right documentation. Refusal from pa doesn't necessarily mean no go.

JAJ

First step is to get 100% clear on what legal rights (if any) his father has. A good solicitor will be able to clarify this.

If you do have to go to court, I'd think they would listen to a 15 year old's own views on the matter, but again a solicitor should be able to advise.

Hire a competent migration agent immediately if you think DIMIA are losing patience with the process.

Jeremy

lindseyden

Hi there

If your son wants to go to Aus, the court, on all occassions that I'm aware of, deem that he is old enough to know his own mind and go with what he wants. Is it possible for you to wait until he is 16 then you don't need permission from anyone.

Lindsey

Siren & Brian

I think alot has to do with the relationship the father has with the child. If no relationship, better chance in courts, but if there is one, I think you will have to wait or go without your son. Could you do that?

JayDeee

I have no experiance of this as I dont have any children, however I do remember reading on here the details of someone who had gone through the court. They were saying that you need to really do your research and be able to prove that your child would be better off in AUstralia, getting details of schools etc and making sure you have full details of the area etc. I should also think that as you child is 15 any court would listen to his oppinion.

If you do a search on here there are a few people who have been through this you shuld find loads of info.

Good luck Kala

bettytweena

Thanks all

Yes, I would hope that the courts would listen!

Unfortunately, we have to go now or risk not going at all.....its a long story, how long have you got??????????

I have done loads of research, contacted schools and looked into the educational comparisons (as its quite a strange time to move son....GCSE's and all that), sourced houses in the areas we are interested in (we have all visited Oz on several occasions, so know what we are letting ourselves in for!!!).........hubby has job lined up, cricket club sorted, etc etc......have agreed contract of contact for his dad, and even offered to lodge it with a court in Oz (if we get there) to reassure him that I mean what I say..............

Its difficult, with I suppose, no winners. I think I will have to resort to court, but really didn't want to, as I think the process in itself will be really upsetting for my son and myself.....its so long winded and drawn out.

Oh well, it will sort out eventually, one way or another.

Thanx anyway

JayDeee

Good luck with it all

Kala

elksa

What about the dad? What about his feelings? If it was my son I'd fight tooth and nail to stop you taking him.

These posts really gets my wick up, I've read several since I joined in March and all of them are from women trying to portray the dad as a big bad monster because he won't give then permission to take his children to the other side of the world.

Fathers are always dealt the short straw in terms of parenting. You've probably got a good chance of getting permission all be it through the courts to take your son abroad, but if it was the dad who wanted to do this against the mothers wishes, he wouldn't stand a chance.

I know what's involved in going through the courts because I've been there and done it with my step son. Toby (12) is my step son and we needed permission from the courts to take him out the country permanently. However, our situation was different to most because Toby's natural dad lives abroad in Greece and hasn't had anyhting to do with him for 11 years, so we weren't taking Toby away against his fathers wishes.

Surely your not going to ask your son to stand up in a court of law in front of you, his father, and a judge and say that he want's to move away permanetly. Just imagine the impact that will have on him. These court procedings aren't quick or cheap. Our case was fairly straight forward without the dad making any effort yet it still took 5 months and cost over £3,000.

Your sons dad should be applauded for standing up and fighting, even if eventually you and the courts will kick him in the teeth.

Lavinia

You may not be aware of this, but there are different kinds of fathers, and who are you to judge on tweenas and her childs situation from the few lines she wrote?

Lavinia

Amazulu

It would destroy me if my son lived on the other side of the world & I couldn't see him, so I know where you are coming from.

elksa

There are also different kinds of mothers (some good, some bad, and some twisted and eager for revenge), but that more often than not doesn't stop the courts ruling in favour of them. See there you women go again judging the father and presuming that he's not a good dad because of what tweenas has written.

I'm not making a judgement on purely tweenas situation. I was making a point that women never look at the whole picture and the effect that it may have on eveyone involved (father included), they often only think about what's best for themselves in the short term. Your not trying to tell me that it's in her sons best interest to stand up in court and tell everyone that he want's to move abroad. This opinion is based on my experiences and several threads I've read on the subject.

P.S. Not saying that tweenas is a bad or twisted mother in any sort of way, I'm sure she's not but there's no way I'd make either of my kids have to make a decision like that.

lindseyden

I don't want to get in a row here but he will not have to stand up in any court and say these things, an officer from CAFCASS will come and visit him in his own house and discuss things with him in a very comfortable and friendly way. He will not ask him straight out if he wants to leave his father and move thousands of miles away and never see him again 'cos that is not what is being suggested here. He will discuss the implications of moving or not, he will discuss relationships with both mother and father, he will talk to mother, he will talk to father he will then commend to the court his opinion, the court will then make an informed decision and neither mother, father nor son have to say a word in court unless they wish to do so. Please do not bring this extremely personal and emotive subject into a slanging match, nobody wants to hear it especailly when facts are not right.

Lindsey

bettytweena

I have obviously upset several people...I am sorry about that. I posted for advice to a very difficult and painful situation, for many people. I won't go into personal details on here, but believe me, if there was a way around this, i would take it, unfortunately, there is not..............that is all I have to say, judge me as you will.

Tweena

bettytweena

By the way Elska, I have not portrayed my Ex as a monster, I too acknowledge that the situation is rubbish for all involved.