paula 1

Hi my sister is thinking about emigrating to Oz, she has two boys aged 14 and 16. Would her ex husband continue to pay maintenance. He will not be happy to let them go and she will probably have to go to court to get consent to take them out of the country. Where will she stand regarding him still paying for his children whilst in education?

Thanks
Paula

The Bloke

Best advice would be to speak to a solicitor.

JCSUPERMOTO

Please dont take this a gospel,but i know of someone that cant move country,due to ex husband not wanting them to move!!!
She wont be able to take them out of country...without his consent,unless some "against" points"

And wont she be able to survive without his maintainance money?

coolerkingcooler

Don't think CSA cannot enforce abroad. Does he willingly pay now or is it through CSA? People on BE have mentioned it can cost around £8/£10k in court and we were quoted approx similar figures. We had a 2hr meeting with a Barrister which cost £670 as they had to do prep before Some people have represented themselves, or she can use a good (and experienced) solicitor which would be my advice.

Cooler

minnie6186

Hi Paula 1
I have 3 children and I am moving to Perth in January. I have to get my husband's (we have been separated for 8yrs) permission to take them with me. I have a meeting with a solicitor on Tuesday to start this. I can't see there being any problem because he has had no contact with them for 8 years, through his choice, and has never paid any maintenance. If your sister went to live in Oz maintence payments would stop. Hope this helps

coolerkingcooler

I have no personal experience re absent father but I have read on BE that it is easier if you can get a Statutory Declaration signed by him. Obviously this can open a can of worms as some experiences have been that the father now wants contact and won't let them go.

When I get time, I'll PM you with a few suggestions that worked for us (each case is obviously different).

Also, there seems to be a few new people posting here about this issue so maybe one thread? Just be careful what you post as it's a public forum

Cooler

slipshot

Without knowing the legal standpoint, if a husband waspaying maintenance to his children and his ex wife asked for permission to take them, permanently, overseas to Australia, I think it would be bloody rich to get him to still pay maintenance to his children he'd be less likely to see than ever before. Almost offensive to ask, in my opinion...

coolerkingcooler

I presume you are not saying that's what I posted as that clearly not the case.

Cooler

jmh

I don't know the law either, but if he doesn't want them to leave the country, I can't see how going to court is going to allow her to - the court is likely to side with the father so he doesn't lose access to his children (and they don't lose access to their father). She might be able to do a trade off and agree to drop the maintenance in return for allowing them to travel.

coolerkingcooler

That's not the case, however they're is normally an agreement built that can have the return period/frequency and other matters which can be costly.

Your last point re travel costs is a good one as you can then forget court costs as well.

Cooler

jmh

Yeah I probably worded that badly. I think the courts try to make a decision based on what they think is in the best interests of the children.

jmh

Looks like I have to take it back. A woman can take her kids out of the country fairly easily. Have to say I feel sorry for the dads.

http://www.telegraph.co.uk/news/ukne...-overseas.html

Dorothy

However, DIAC wants to see proof of custody arrangements with the visa application. For non-migrating parents that usually means either a court order or statutory declaration from the father.

slipshot

Yep - osrry, was not meant to have your quote in there, and just a comment. Apologies...

But it does seem it is pretty easy to take kids overseas for good. Wrong, but then that's opinion versus fact and law...

coolerkingcooler

No worries.

The only point I'd make on RFJO (taking them out of the country) is that it really can depend on the case. In ours, OH's ex was happy to sign a stat dec as he believes the children will have a better life in Australia.

Cooler