PLS

I am a single mother of two, unmarried all of my immediate family have already immigrated to OZ, my problem is my kids father. Can anyone tell me if there is a way round or do i have to get consent from him to take kids to OZ ? I have no other means of family support he only helps with kids as & when it suits him, but i do not want to get into a legal fight over taking the kids out of country. All input welcome.

Desperate OZ to be.

brian0

If you search on the forum for this topic you will get a bunch of hits. This topic has been discussed numerous times in the last year, and the general view is that you need the father's consent to take the children out of the country. Frankly you would likely need consent to simply take a child out of the country on a vacation, let alone for immigration purposes. If your relations with the father are poor, but he still wants to be involved with the raising of the children then you might have a problem getting consent. You should get some professional advice from a family lawyer to understand the legal situation better.

Cheers,
Brian

JAJ

The father's parental rights may be limited or non-existent under UK law if he is not married to the mother. And the Migration Regulations state that normally DIMIA should look at the position under home country law.

However every case is different and the original poster needs to get a clear fix on what the facts are regarding the other parent's parental rights in the UK. Only a good family law solicitor can advise on this.

Then, armed with this advice, approach a good migration agent who is familiar with DIMIA law and policy on child custody. Not all agents know much about this area so choose with care.

At the same time of course one has to see if one meets the criteria for a visa. The original poster may have a chance with remaining relative if nothing else works.


Jeremy