hi can anyone help please, if i get sole custody of the children will my ex be able to stop me emigrating to oz? he has limited access rights at the moment

Hi your the same position as we are, I'm afraid if he has PR and he objects you will have to go the court route, sorry to bring the bad news. We started the process today and it does get you down but just remember the goal.

Good luck

Hi Edie209,

I'v been apart from my ex-husband for 7yrs now. He lives in South Africa and could not be bothered about my son. He has never paid a penny in Child Maintenance, sent birthday, christmas cards etc. When we split up we agreed that I have sole custody of Jonathan and that I am bringing him up (I want to give him a better life - which I am ).

I am now engaged to Dave (5yrs) and he has taken Jonathan on as his own (not adopted though). He brings Jonathan up as his own.child. My ex is fully aware of this and does not bat an eyelid. I have mentioned to my ex-mother-in-law about us immigrating to Aussie and would it be a problem with Jonathans biological Dad. She said No - I can go ahead and do whatever we want to - because they know that whatever we do - will be the best for Jonathan too.

... anyway in the Visa application - does it ask about divorces, biological parents, change of names via Deed poll etc? I have changed my & Jonathans surnames nearly 2yrs ago via Deed Poll as I didn't want my ex-husbands surname! How complicated are the visa forms?

tx - and sorry for such a long winded post - but hey thats me...lol

maz

Hi,
Yes......the visa application requires marriage/divorce papers, any change of name documents, full birth certificates, proof of consent if other parent isn't emigrating/or a Removal From The Jurisdiction Court Order, any court order regarding custody/residency etc.
Beth x x

What exactly do you mean by "sole custody"? It's not a concept recognised under U.K. child law.

A court can give you permission (or not give it, as the case may be) to remove children from jurisdiction if you currently have a residence order.

i mean if he has no access rights due to a court order

Hi,
My ex has no contact with my daughter (by court order)......but as we were married and he is named on her birth certificate (and he refused to sign the consent form) I had to go to Court to get a Removal from the Jurisdiction Order for my daughter to leave the UK and emigrate to Australia.
Beth x x

many thanks for this info so have to get a court order whatever the situation thanks

Good luck with everything, just yell if you need anything
Beth x x

thanks, how much did it cost you to get the order if you dont mind me asking?

I had to go to court for almost a year on and off to deal with other issues before the RFTJ Order.........the total cost came to just under £7,500
If you're just going for the RFTJ Order and nothing else (like a residency order, changing child's name legally, contact order etc) then I would hope £2,000 - £3,000 should cover it......and that's including solicitor's fees, barrister's fees, court application fees, court costs etc.
It could be more or less though.......so find a very good family solicitor first.
Beth x x

thanks for that beth so ave u emigrated now?

NO......LOL
Had our 175 visa granted in November 07........but still haven't sold our house :curse:
Beth x x

where do u want to settle in oz

Hubby has a job offer in Cairns, North Queensland.........although I still quite fancy Tasmania myself
Beth x x