spaceys

Hi,

We are planning to go in 2007, at the mo I am a student nurse so that is when I qulaify.
I have a son who is 11 from a previous relationship. Does anyone know what i have to do. I think i need a statutory declaration from his father but i am not sure he will agree so i may need to go to court.
Has anyone else been in this position

Would love some advice

jaxowen

You do need an affidavit from him signed/witnessed by a solicitor you also need to send the thing you get with your devorce decree absolute which says that the court does not need to exercise it's powers with regard to children from the marriage (if you were married).
If he wont co-operate you need to go to court - it takes about six months to sort out in a straight forward case and costs about £3000 if he doesn't contest and upto £10,000 if he does! so it is best to sort it out of court if you can.
I am currently in this position - we have a date for the final court hearing as father won't sign affdavit. if you do a search on this forum you will find some very emotive previous posts. Hope you get sorted, pm if you want to ask anything

Jax

JAJ

To begin with you need to get a very clear view on whether you have the right to remove him from the country under UK law. This will depend on your circumstances - only a good solicitor dealing in family law can help (not an online forum).

If the answer is that you can't - you need his consent or a court order. If you can, it's normally just a question of evidencing that to DIMIA's satisfaction.

When you do get to apply for migration, using a good agent is often worth it as the Australian policies are complex and even some DIMIA officers don't understand them.

Jeremy