Scotty1

Hi folks

wonder if someone can give me an idea of the wording that would be acceptable to immigration for parental consent for a 12 year old to live with us in Oz.

Apparently my husand's ex is now willing to do this, but before we spend a fortune on visa and agent and she then changes her mind, (like she has already done) we thought we would start with the declaration and see if she actually signs.

Can anyone give me either the wording or point me in the right direction. I know there is no set format, and that it needs to have the words permanently and Australia, but we are likely to have only one shot at this so I would like to get it right.

Thanks for any help

Pollyana

Do a search of the forum using terms like " non-migrating child" and "non-migrating dependent" and you should find a lot of threads with solutions for you

Scotty1

thanks pollyana

did a search before i posted and there are loads of threads but no actual examples of statutory declarations that I could find anyway. hence post

however found a couple of people who have done it recently and pm'd them

still keen to get an example if poss

scotty

JAJ

There are no online examples of which I am aware and beware of taking well-meaning advice from others whose circumstances may be slightly (but critically) different from yours.

If you are planning to use an agent anyway (so you say) why not use Ian Harrop or George Lombard, both of these would be able to help you. Search forum for contact details if interested.

They do like to see the words "permanently" and "Australia" ... another thing to watch out for is to get a certified copy of ID documentation from the "other" parent as otherwise DIAC may think the statutory declaration is a fake.

AlyZen

My situation is similar - I checked out both UK and Irish law (I'm Brit but live in the ROI), my ex has no parental responsibility, which means I should be in the clear to move my child to Oz. However, my case officer told me it's Australian law that applies and that he/she would be trying to trace my ex to ask for his permission ... which I was trying by all means to avoid (violent abusive ex). I even went down the route of signing an Affidavit stating that I was the person with sole parental responsibility, but that didn't wash either.

Seems to me each case officer deals with the same situation differently ... read on other posts here that some members got away with signing a declaration, while others had to go down the "get a Court Order" route? Why the discrepancies in the service?

What exactly is the Definitive answer to this?

A

Dee01

Hi,

I'm a permanent resident but need to sponsor my baby boy and need a stat dec. I spoke to my brother this morning in Aus and he sponsored his wife and used the following form available from the Australian Government web site. I may be wrong but this seems like an all rounder stat dec. as to the wording you need I'm afraid I am still doing mine and my wording will be different to yours as my Partner is immigrating as well. Hope this link below helps, the downloadable stat dec is at the bottom right hand corner

http://www.ag.gov.au/statdec

Pollyana

They will not track your ex down. They have no right to do so, and a CO should not be suggesting that they will, especially if he/she is violent and abusive.
Have a read of previous threads on the subject and you'll see that as long as you have made efforts to contact them DIAC have to be satisfied with that.
Might be best to contact a migration agent to get the exact law on it confirmed, but there are numerous references on here to the situation - lots of posts by JAJ on the subject if I remember rightly.

Scotty1

Thanks very much for this. I was more looking for the wording that others had used when getting the other parents permission. If we use something like this..

I am XXX , of current address and the mother of child who was born on date of birth 1998. Child currently resides with me at the same address. I was previously married to husband, who is the father of child and with whom I share parental responsibility for child.
I now agree to child, being sponsored by his father for a child visa, which would if granted, allow child to live permanently in Australia with his father. I also agree to child making that move to Australia to live permanently with his father.

and get her passport certified as well, is this likely to suffice. I will engage an agent to handle this, but I am not remotely convinced that she means it and I don't want to be out a few hundred pounds if she doesn't take even the first step.

JAJ

Will it suffice? No-one on a free forum can tell you that for sure.

What you need are as follows:

1. One of the few migration agents out there who understands how child custody works for Australian migration purposes. Try Ian Harrop, http://www.ianharrop.co.uk

Such an agent can help you more definitively with the wording. But be prepared to pay.

2. You need a UK family law solicitor to advise you on any UK-law specific requirements. If the other parent refuses to sign, you will need to go to court so have your contingency plan in place now. At age 12 the courts may well listen to the views of your child but a lot will also depend on the nature of the relationship with the other parent. If there has been a history of abuse, neglect or violence from the other parent you want all this documented.