hopefully movin to australia next year, my sons father doesn't have parential responsibilty of him in the u.k. how does this stand in oz and can my sons father stop us from going? even though he doesn't have legal rights in the u.k. would be grateful on some advice!

hello
i did read that you may have to get a letter done from you x giving permission
/consent {i think thats how you spell it}for you to take your child to oz
but dont quote me on it? best to ask or send email to the DIMA and see
good look
dave

yep ur right...

my sons father has nothing to do with him...apart from having his name as the father on the birth certificate. I had to have him sign an avidavit(sp!!!) front of a solicitor saying i could take my son out of the country. cost a fiver i think.

hope this helps.

Is this really the case?
I read on the DIMIA website that they abide by the law of the land that the applicant comes from.
If this is the case then before DEC 03, unmarried dads don't have parental responsibility and then don't have a say where the bairn lives.

Even with this do Dimia have the right to ask for further confirmation?

xRachx

You will definately need to get a letter or a court order before you can remove your child from the UK. Even if the father does not have parental responsibility. There are loads of posts on BE about this so may be do a search.

Yep There is no way around it you will need either a court order or a signed document from the father giving permission. You have to prove that the father gives consent or has no rights.

I’m lucky in a way because my son’s father was given PR in 1995 then in 2001 I finally managed to overturn the original order and have his PR rights taken away

So I have two court orders one giving rights and one taking them away which is the proof I need.

You can’t just say the father has no rights it needs to be proven

I think that you have to prove that he has no parental rights before you can go.

Hi,

I am going through a court case at the moment to take the children out of the uk, I will PM you with what's happening at the moment, you may need to get legal advice.

Hi,

You will definitely need an officially witnessed statutory declaration signed by his father, or a court order giving you permission.

My children's father (also non-parental responsibility) agreed to my taking our two sons to Oz when I told him in February. On Saturday he decided unless I give him a large amount of cash (£15,000) from the house sale (- so that he and his new wife can have a 2 week holiday with hotel bills and car hire paid for them every year when he visits our sons), which he has also told me he did not want, he will do everything he can to stop me taking them.

I don't think he can stop me, based on the informal legal advice I received before I told him, but now he has destroyed our plans to move before Christmas and we are all devastated. I have an appointment next week with a solicitor to start court cases for the children and house.

I hope everything runs smoothly for you.

Denise

hi denise, when did you feel the right time to tell him that you were moving to oz? i too hav an appointment with a good solicitor next week so will pm you with the details. just hope it all goes well for both of us!!! tracie x

Hi Tracie,

I will PM you when I have been to the solicitor next week and let you know more. I am still in shock after the weekend.

After my own experience of going down the 'friendly' route I would never recommend not having a court order arranged, just incase, it is not worth the heartache.

Denise

Hiya

My daughters father has no parental responsibility and I had to get a stat. dec signed by him in front of a solicitor. Our agent said that would be enough and we sent in our front loaded application but DIMIA phoned after about a month and said they wanted certified copies of her fathers passport and his telephone number!! It was really stressful as it had taken a lot to get him to sign the stat. dec. My daughter managed to get his passport and luckily we knew someone who could certify it! I gave them his phone number but was expecting the worst! I still don't know if they phoned him and didn't hang round to find out!!! Soon as we had the visa we were out of there!!

Our agent said he had never heard of anyone been asked for that before but he said it could be a sign that they are being tougher in that area!

Good luck!