killamarsh

I feel like the only one on the planet with this problem. Has anyone on this forum applied for an oz passport without parental consent.

I appreciate that the chances are slim that someone on here is going through the same challenge, but if you have gone through the process, please could you let me know your circumstances (in brief) and the outcome.

The oz embassy here are being very negative about my son renewing his passport so we can go back to oz. He is uk born and his 'father' has denied paternity, dosen't pay maintainance, has been arrested for being drunk while be in charge of him on public transport, and hasn't seen him in three years (his choice).

Wendy

I think you'll need to go to court and get a court order. You really need to speak to a solicitor.

Even though people can give you their experience at the end of the day you can't remove him from the country without either you ex's consent or sole parental responsibility. So a trip to court is the only way if your ex can't / won't give consent.

killamarsh

[QUOTE=WendyC]I think you'll need to go to court and get a court order. You really need to speak to a solicitor.

I am doing that on Wednesday, issue being that the oz passport applications are ruled by oz laws not uk laws. It starting to seriously worry me. The thought of not going back to my home where my family and parents are makes me feel sick.

Wendy

[QUOTE=killamarsh] Yes but if you have sole custody (or whatever they call it these days) it will make it easier. Maybe employing a good agent is in order.

I don't have this problem as my eldest is not coming (he has an absent father) so can really only offer bits of advice that I've picked up along the way. But the bottom line is that even if Oz give you consent the UK may stop you taking him out of the country anway. Which is why Oz are being difficult (for want of a better word).

I really hope you work it out, but it may cost you a bit of money.

Is there no way you can contact his dad and get his consent as this is going to be the easiest and cheapes toption you have I'm afraid.

Good luck hun, I'll keep everything crossed that this works out for you.

moneypenny20

OK, I'm a bit confused. Your son was born in the UK to one UK and one Aus parent - is that right? But you say, renewing his Aus passport so presumably he has already held one. I'm therefore not sure why they are not just re issuing one. Or have I got it wrong?

Vanessa

With regard to Parental Consent see link below which is self-explanatory:

http://www.direct.gov.uk/Parents/Fam...954&chk=JgXq/k

Where you married at the time of the birth? Is his name on the birth certificate?

Just read your thread again and like Moneypen I am confused about the passport business. If he has one then surely you can just renew it. As I understand only one parent needs to sign the application.

JAJ

This is true, and a lot of the advice you'll receive on forum won't be correct as it will refer to the immigration laws, not the passport laws.

However Australia ought to respect UK child custody law - if your "ex" has parental rights under UK law (does he or does he not) then they should respect this upon receipt of evidence. If not, you need a court order.

chips n ale

Hi Killamarsh,
Yes we had the same problem with my son who was 17 at the time(this was only last christmas) and his father would not give permission, and he could not go on his stepdads visa. What we had to do was consult a solicitor and they sent numerous letters to his father asking for consent. He had not seen him for ten years, or recieved a card or letter from him in all that time, but was just being a stubborn ba...rd! Eventually it went to court, his father did not have to appear, where the judge just turned round and said it was not in his jurastdiction to allow our son to leave the country without his fathers permission. It then was going to the high court in Nottingham, our solicitor then sent stronger letters stating that the father could be liable for costs, and that he had to appear in court and state why he will not give his permission. On the last hour, my sons father finally signed the agreement, as he knew after not having any contact with my son for ten years what would his arguement be!! He also was frightened the costs that may have been incurred.
This process was not cheap, it cost us around a £1,000 for costs.
How old is your son?
I hope this helps a little, I know exactly how you feel, as we felt exactly the same as you, we didnt know where to turn. If you need any more help dont hesitate to contact to us.

killamarsh

[QUOTE=chips n ale]Hi Killamarsh,

The high and low of it is that the 'father' does have parental responsibility. However, in oz, fathers get automatic pr and news law for passports mean that whatever has happened parental consent has to be received to get the passport. Oz passport applications are judged by oz laws, stupid when the 'f' is not an oz.

I have my first appointment with the solicitor tomorrow. It is very unlikely that the 'f' will consent as I was a witness against him when he was arrested for drinking a bottle a vodka and carying a knife btw london and sheffield whilst in charge of my then newly 4 yr old. Thankfully the charges stuck .

The oz embassy acted like ignorant sh@@s when I phoned them last week to get more info about parental consnet, explained all the factors (there are a lot).

All they could say is you have to have consent otherwise it goes to a decision maker and we can't guarantee a passport, and you don't get your money back if you don't get one. Hate civil servants (ooops I am one).

The 'f' will get legal aid as he is a dole bludger, so delays or threatening that he will have to pay costs don't sound like a threat unfortunatley, the joys of legal aid.

Thanks for taking the time to respond, much appreciated. I think I was hoping for someone out there that had applied for a oz passport without consent, kinda knew it would be slim picking. Thanks again all for your thoughts.

JAJ

Australia has obligations under the Hague Convention to respect United Kingdom laws on child custody concerning UK resident children.

The Southern Cross Group is an organisation for overseas Australians, they may be able to put you in touch with other Australians who have had the same passport issues:
http://www.southern-cross-group.org

However, bear in mind that even if an Australian passport is issued to the child, that does not give you an automatic right to remove the child from the UK without consent or a court order if this would contravene the other parent's parental rights. See a UK family law solicitor for advice on exactly what you can and cannot do.

killamarsh

Well saw the solictor today. I now feel utter despair. I am sure it will pass. Just imagine if you went to live in oz for 12 years then thought, time to go back to the UK. Your parents are getting old, you miss your cousins etc, and someone turns around and says, well for a minimum of 2K, you might be able to go back, but it depends if this court gives you a court order allowing you to go back. That is how I feel at the moment....

sparks124

something similar happened to a woman from the Midlands about six months ago. she emigrated with husband and two/three children, after a period of time the marriage broke down and she returned to england with the kids leaving the father in Oz. they were still on British passports as i understand it. she was oded back to Oz under the Hague convention to fight it out in Oz as that was the last place of residence and she had taken the kids out of the country without his permission; even though he did not support her in any way and couldn't afford to stay in Oz.
it's hard as we have had to go through the "getting his permission bit". the other thing you may be able to use against him is the CSA and maintains as he wouldn't have to pay you once your back in Oz, but i think you said that he was on the dole, so this is probably no good either.

hope everything works out for you, good luck

jateai

Not sure if you still need this information but someone else might. I applied without parental consent for both my children on the 11th July 06, I completed the B9 forms were I explained why they should be given passports without consent, these forms went in with their applications, I was told on the phone and at the interview that it would take 4 -6 weeks and that there was no guarantee they would get a passport and I could lose my money. Two weeks to the day I received my passport along with my daughters and two days later I received my sons.