cowpeys

Can anyone offer me any words of advice or even empathy.
I got my CO this morning for 136 perm visa application to OZ and part of the requirements are to provide


"Custody document & consent from biological father for Thomas to migrate"

Toms father has seen tom once in 11 years and we do not have his contact details. we were never married but he appears on the birth certificate.

has anyone been in the same boat and can anyone offer me some advice. what will i have to do? will it delay the process bymuch?

I am going to speak to a migration expert on Mon but its such a lot time to agonise!

regards julie

esperanza

I have no experience of this myself but I know there are lots of people on here who have been through the same thing. Have you tried searching for old threads?
One thing to remember is that if you cannot find the absent partner, or even if you do find them and they initially say no, this does not necessarily have to stop you from going. But it could make it more difficult, so make a start on it now and keep a really detailed record of everything you do - send letters by recorded delivery, etc. It will all add up & show that you have done what you could.
Good luck.

julie hilton

If your son is under 18 he will need to order to allow him to leave the country. You will need a good solictor I'm afraid.

For my children, they didn't see their father for 5 years and the CSA were unable to trace him. We got a letter for the CSA, stating they have tried all avenues to find him, but to no avail. The judge was happy, but he still needed to speak to the children. This all takes time!

I had to go to court and get my orders. My children are 15 and 13. We are also waiting to get our consent order for my Stepson who is 17. Hopefully we should get this next week. We have sent our apps of now and we will forward the order to them.

Is he paying any form of maintance to you?, if not, see if you could get a letter from the CSA stating they have been unable to get any money from him ( It shouldn't be to hard for them to do. They are well experienced in that area).

So did you send off your app without this order then?

If you need any support, just PM

Take care

Julie

jonah38

Hi

From personal experience of above issue i can say that it is not always neccessary to involve a court, judge or CSA at all.

Child custody laws have changed in the UK over the past few years which recognises that involving court rooms, judges and children is a stressful time and often uneccessary.

All issues are taken into concideration by the solicitor who knows the law. The childs date of birth appears to have some relevance now. Absent parents, none payment of support, name on birth cert, name not on birth cert can all be dealt with at a solicitors.

If the child has lived with mum for so long and no court orders or court applications have been made relating to the child then mum is deemed to have full parental responsibility and is the only person with any lawful authority to make decisions on where the child lives.

A family law solicitor can deal with the custody issue and, depending on individual circumstances, can legally and proffessionally advise DIMA in writing as such.

Good Luck - Have PM original post

OzzieNurse

I think that you need to seek legal advice relating to this. If the father is absent then I think you need a solicitor to take you through the process. I hope all works out ok? I have had to get my OH to sign a custody document and it was really awkward for us both as we are still married. It is red tape and it should be sorted quite easily as long as you seek proper advice from a solictor that specialises in family law. I am not even sure if they will locate him or not but good luck xx

cowpeys

thanks to everyone who replied.

been a whirlwind day, with getting the CO and then being dropped back to earth with a bang,but NO DRAMA as they say down under.

have read, absorbed, cried, reread and talked to my mainstay..the wonderful OH and we are going to seek out a family law solicitor on Mon. my friend is a legal sec so will try her firm first.

YOU LOT ARE ALL FANTASTIC

thanks and have a nice weekend
Julie

hopefullybrisbane

I am going to court in April for an order without a solicitor (several people on here have done the same). I wish you luck, feel free to contact me
</IMG>

jonah38

Hi Again

We all have our own ways of doing things as our circumstances are different. In the case of very young children i personally wouldnt want them introduced to the prospect of speaking to a judge with other legal eagles in a room of strange people.

If a solicitor can deal with it all without involving any child then thats the way for me.

Good luck

killamarsh

I am currently starting this silly process. The letter has gone out to the address we believe he lives in a he responded immediately. He hasn't seen my in more than four years and was actually arrested when bringing him home from his last visit when my son was four. He has responded to the letter from the solictior and although he dosen't object outright, doesn't consent at the moment - whatever the hell that means. He would like to see my son to see how he feels about the move. There is no choice about this so I have have to either get consent or a court order. I don't know what to do and don't really know what his intentions are. I am going to call my solicitor on Monday as I haven't a clue what to due. He may simply want to see him for a last time then give consent or could be playing me as he has done in the past.

Go see a solicitor - you usually get a 30 minute consulation for free and they can lay things out for you. My consultaion lasted closer to an hour but it was still free.

Goodluck

saville

Hi! I have a 14 year old son whos father would't consent to takin him out country, I've seen a solicitor and Basiclly she informed me the only way he can stop you is if he took you to court and won, this would be very unlikely and costly to him.
Ive got get solicitor to write a letter explaining this and send it to dima and it should be ok. Hope this bit of advice helps.

jonah38

[QUOTE=cowpeys;4502614]we are going to seek out a family law solicitor on Mon.


Hi again

Not wanting to put any further hurdles or worries your way but try to find a firm that deals soley in child custody matters. Most firms will have a solicitor who does this but a firm who concentrates on this issue alone is more likely to be able to pool their combined knowledge of the law - if you know what i mean. That was the advise we where given early on and the advise we took.

Good luck

JAJ

For children born before 1 December 2003 (in the United Kingdom) an unmarried father does not have parental responsibility.
http://www.direct.gov.uk/en/Parents/...hts/DG_4002954

Additionally, the courts are usually reluctant to restrict the movement of 16 and 17 year olds in anything other than the most exceptional circumstances.

cowpeys

JAJ
thank you for your input into this dilemma. It has quelled some of my anxieties.
I am going to seek appropriate legal advice on Monday and will keep everyone posted.
regards Julie

Tich

Hiya
I was in the same boat as yourself,my ex would not sign the paperwork for our 2 children to leave, in fact the key point here is MY EX never responded to the request!!!! DIMA was told this fact they asked for "proof" regarding sending letter to ex once i e-mailed them a copy of what was sent to ex DIMA said do a declaration to the fact that ex had not seen children for X amount of years or responded to request. Guess what the visa was granted with NO PROBS. Dont worry DIMA DO understand and do seem sympathetic to this prob, to prove HOW SYPATHETIC they are i am a man with custardy of "our" kids. Good luck and dont panic if you need any more advice feel free to pm me .

Katsmajics other half !!!

We went through the courts for me to get PR and residency of the mrs older 3 kids it cost us about £140 and went thorught in weeks........Their so called dad has not seen them for years we did eventually get in touch with him but i think the courts would have granted it to me anyhow.

due to me being on the scene and providing for them for over 3 years that in itself gave me PR.

Tell you what pm my Mrs ( katsmajic ) she will be able to tell you alot more about it.

Good luck