JAJ

How on earth was an "indirect contact order" given if the father has no PR in the first place?

eve209

you do not need PR to get a contact order

JoanneG

There was no indirect contact in place until i applied for the specific issue order. Her father then requested it at first hearing. An order was made and then he didnt keep to it. There was no previuos order in place and he has never had PR.She is 11 and he has never had contact. There was no custody order so this is why i had to get the specific issue to prove i had the right to remove her. Pain the backside but well worth it by the end.

Thanks to all for your comments.

Joanne

pinkjane8

Hiya, I had this same problem. Basically I told him were going and he refused to allow it. To cut a long story short I told him I was going so he'll have to have the children (obviously a threat - wouldnt leave them) and he very quickly changed his mind.

He had to go to solicitor and do a stat. dec. which he dragged his heels with but eventually he did it.

pinkjane8

Hi again!!!! just read on in your discussion and my son is sitting his GCSE's as of now and we are going when he's finished.

Apparently GCSE's in Oz are not a recognised qualification You can pay to have them transferred into their equivalent, but it wont be until next year if in Oz he would sit exams (if that makes sense) so he is going to go to school and sit their exams when we get there. HOPE THAT MAKES SENSE

BethandAndrew

Well I'm a bit confused as to why you had to get a court order if originally there were no custody/contact orders in place and he has no PR

Never mind......it all worked out good in the end

Beth x x

BethandAndrew

The Court will usually take the opinion of the child into account from around 8+ years old (depending on the Judge).
A Cafcass Officer will be involved who then writes detailed reports for the Judge after interviewing both parents and the child individually.
Beth x x

BBabes

This thread has been so useful!

Does anyone have any experiece similar to my situation?

My eldest child is nearly 13. I speparated from the biological father in 97 and divorced in 98. His last contact with our child was in 1998 (no contact at all for 10 years). He did write to contact the CSA in 99 to deny he was the biological father. I have never pursued via the CSA and have never wanted maintenace etc.

I remarried in 1999 and my husband has the opportunity to emmigrate with his job. Something we as a family are extremely happy with.

I don't think I/we have any court orders. What concerns me most is I have absolutely no idea where my childs biological father is or his family.

Has anyone experienced this? I don't know where to start to gain the required documentation, locate my ex or what court papers I need to apply for. Any help appreciated.

JAJ

Probably better to start a new thread as everyone's case is different but do read the wiki article for starters:
http://britishexpats.com/wiki/Child_...an_Immigration

eve209

I take it you were married when your child was born and therefore he will have PR? If so you will require consentfrom the father. Dont despair though many other people have been in your position and you should be able to give a statuary declaration to the effect of what you have said in your post. I am no expert but I know there have been people on here and they would be able to advise you better or your agent if you are using one.

eve x

Beccie

I'm in the same boat, my son is 16 years old and has had ncontact with his father since he was 2 years old.
We have a case officer now who has requested his fathers consent.

When we applied in January I checked this out and was told as the laws in England state he can make his own decisions as he is 16 and we would not need his fathers consent.

I paid for a search and found an address for who I think and hope is his father and have written to him but what if we can't get the documents from him we require what do we do. We now have until 21st August to submit or our case will be declined.

Anyone help or have any ideas.

BBabes

Thanks so much for the replies!

Hi Beccie, thanks for sharing. It suddenly helps to not feel alone.

My husband is transferring within the forces so our process is slightly different initially. I'm worried about them asking at the interview.
Was your case officer allocated via the courts, via your solicitor or via your Australia application?

I've tried searching for an address but we have drawn a blank. I have located one of his ex wives (mother of one/two of his other children) on a school friends website so I could try there BUT I don't really want to involve strangers (never met her) or open a can of worms without knowing the ins and outs of what I need to do.
Finding him could take months and then getting any co-operation could be a miracle. His home town is 280 miles away and his parent/s have moved from the address of 9 years ago.

Fingers crossed there's someone out there who has experience of this.

Beccie

The case officer is for the australian visa they have asked for this info.

Its a nightmare I was close to just giving up yesterday when we got the email it seems mad that people who have had nothing to do with these kids get to decide what happens next.

slackbloke

Don't blame this country or the law that is trying to protect the rights of ALL citizens. Presumably the only reason he went to court was because YOU wouldn't allow access? It is not this country or it's laws fault that the individual does not accept his responsibility, blame him not the country!
It would appear you were incorrectly advised 6/7 years ago about your chances of taking the children. It is totally understandable that any parent would object to their children being removed from this country. With or without contact with their children, maybe for instance the other parent would prefer them to grow up in the UK? Get a UK education? There are many reasons why the Child Act is there to protect the children, not decide if a father is a good parent or not, the court does that and going to court is the last resort.
N.B. I too need to get leave from jurisdiction for my step-son and having researched it, I think the current law is fully supportive of all parties involved and I am happy a court will be objective in looking after the interests of my step-son (him, NOT me).
I would not entertain the idea of self-representation. Make sure you have proper legal advise, a family solicitor and you should have no problem.

eve209

You can self represent, LIP, and get yourself a mckenzie friend itsnot adifficult process but you may want to consider a solicitor orbarrister for a final hearing though.

I also think it is acheek that somparent have nothing to do with thir children but can still scupper the plans of a Parent with care.

My OH and I have been representing ourselves fo hisandmy children.

Eve x