flanagaj

I am applying to go to Australia with my Wife, Daughter and Step Daughter. As my Step Daughter is under 18 they have requested proof that she can be removed from the UK with both Parents permission. The issue we have is that she has no contact with her biological Father and as result we will not be able to provide proof that it is ok for her to leave the UK.

Anyone able to assist here with what we should do. She is 17 years of age ?

Thanks

erco

I had the same problem more or less though i managed to get biological father to sign. If that was going to be an issue you can either get a court document as after 5 years (or 3 cant remember) you can do that, to say the father has had no contact but that takes time.
of course you could wait unitl she turns 18 and have her as a dependant. (though that would mean waiting until her birthday and that could be 12 months or so

xLaLax

As far as I am aware you will need then to apply to the courts for an order stating that your wife has sole custody or I think a statutory declaration might be enough, however if the father is not named on the birth certificate then u don't need anything...my eldest son has no father named on his birth certificate therefore I have sole custody and DIAC have accepted that without statutory declaration. Word of warning though he can still make things difficult for you so tread carefully, I am currently in a court battle for my youngest son and its not easy. Good Luck

L

flanagaj

The birth dertificate does not state parental names, but the name used is my Wifes ex boyfriends name. Given she is 17 and that we are not planning on actually going for a year or so I think it will be easier to remove her from the Visa app and then she can come over on a working holiday visa when we are there ?

Dorothy

You could do that but then she would have to go home at the end of the year. Why not speak to an agent about your options? Many will give a free initial consultation.

louie

If you are UK resident, there shouldn't be a problem. See the wiki - http://britishexpats.com/wiki/Child_...aged_16_and_17

uk2aus

http://britishexpats.com/forum/showt...responsibility
I hope this helps as we was in the same situation and have been granted PR

flanagaj

Unfortunately my Wife had to give him Parental Responsibility many years ago in the advice of a very poor solicitor

flanagaj

I am sure I read this before we applied so I was surprised when asked by the CO to provide further details that we have consent to remove the Child from the UK

Dorothy

Case officers very often don't know about the laws in other countries regarding child custody.

flanagaj

S is it just a case of getting a solicitors letter that outlines the law on child custody in the uk ?

moneypenny20

I'd get a stat dec done stating you have no idea where the biological father is, how long ago it is since she saw her father and how he's had no part in her life for xx years. Given her age that 'might' do the trick. I certainly wouldn't take her off your application. That's likely to cause you major aggro in the future when you want her to join you permanently.

flanagaj

Stupid question, but can we do the stat dec ourselves or do we need a qualified solicitor ?

Les Mighalls

In view of:
I think you should be seeking professional advice, especially in relation to any Statutory Declaration you hope may solve your problems. I would not be taking your step-daughter off your application as that will lead to problems in the future. You need to get this right first time.

JAJ

Agree with Les - do not remove step-daughter from application.

It is fairly well established under law in the UK that 16 and 17 year olds do not need the permission of a parent (or a court order) to move outside the country. It might be useful to get a good family law solicitor to write something explaining this. DIAC only need evidence that home country law is complied with.

Unclear what a statutory declaration could add.

When does step-daughter turn 18?