Ozzy7

Hope you get on ok Julie, I will be keeping my fingers crossed for you.

kellyjs

Hey there, best of luck, only thing they might ask for is a certified copy, they seem to like those!
Hope it goes well
Kelly x

hopefullybrisbane

Well I had my directions hearing today, very scary without a solicitor

Now got to re-serve the documents, so looking at process serving companies. Going back to court in a couple of weeks
</IMG>

killamarsh

I received confirmation yesterday that we have our first hearing next month. I feel sick - thank god I am using a solicitor as I don't think I could do it by myself. It will be nearly five years since I have seen the s*it that was drunk and was carrying a knife when he brought my 4 yrs old son back from a visit. Got arrested so some justice. He is contesting me taking my son to Oz. We shall see.

kellyjs

OMG thats pretty harsh, really sorry you have to go through all that! It sucks!!!

smoggieswilltravel

Hi

If you call social services in your area and speak to people who deal with adoption they usually know the names of good family solicitors in your area. That's what I did and they were great, much better than dealing with a normal solicitor who told us we could'nt do anything about it.

Good luck

smoggieswilltravel

Hi

My story is very similar to yours and we are curently aplying for my OH to adopt my daughter. As the birth father has had no contact since birth then the order goes through on "abandenment" this applies if the father has had no contact for the last 4 years. It has been supprisingly easy but saying that we have not got it through yet. You need to go to a family solicitor who will then apply to court, a social worker will then be put on your case and interviews the birth mother or father , child and then the adopting parent. They file a report and then it goes to the courts. They do have to try and contact the birth parent but if they don't reply then it goes through anyway. If the birth parent suddely raises their heads and says NO they apparently would have to have a very good reason to do this. We were advised that the courts would usually do what they consider best for the child and whats best is a solid, loving family. Not a parent that disapears into thin air.

It does'nt take to long to do, solicitor quoted £1000 - £1500 if uncontested. Time scales 6 mths ish. After that your home free and no worries. We hope.

Good luck

JAJ

I would just add here is that while UK adoptions are normally recognised in Australia, adoption in Australia is often very difficult.

State and Territory so-called "welfare" agencies generally have an anti-adoption attitude. Anecdotally, for example, they will not usually let relatives adopt a child. And they will usually insist on Australian citizenship.

If planning on deferring adoption until after arrival in Australia, get professional advice from an experienced family lawyer in your intended State/Territory of residence.

You also need to assess the risk of the birth parent kicking up a fuss. Again - look at whatever rights the birth parent has (if you leave the process until arriving in Australia, he/she may have more say in the process compared to the UK).

Not a simple issue.

killamarsh

trust me that is only toching the surface. Not to mention having to ensure he doesn't find out where we live, having to leave london because of him and so on. What hacks me off is that I work hard for my money and have to pay for this all whilst he will get legal aid for sitting on benifits for 10 yrs plus. It's just wrong. My son is now concerned that I will make him do a visit with his 'father' withot someone present. I didn't think he would remember the awful experience of his father being dragged away in front of him (literally - five cops and he was high on speed) but he does.

cocogreen

I wanted to ask if I had to ask for written permission (stat. declaration)of my son's(aged 15 years) father for emigration.He was born in 1991, his father's name was not put on the birth certificate and we were never married.Although he has paid maintenance(agreed between ourselves) and sees him 5 or 6 times a year for hols. etc. as he lives in another town. I think he would agree, but I'm not sure if we have to get anything in writing to confirm this? anyone help?

JAJ

You shouldn't need this as the father never had any parental rights (if you are in the UK). However, you might want to get a good family law solicitor to write to DIAC explaining British law as many case officers don't understand their own rules.

vickys

Julie,
You could try:
http://www.marsdenrawsthorn.com/ Who are on Lune Steet in Preston they are meant to be good and also there is http://www.inghams-law.co.uk/ who say they deal with family law on Yell but i'm not too sure of their rep. I have a mate who has just qualified, i'll ask her if she could recommend anyone else in Preston for you tomorrow

hope this helps

vickys

So if my daughter was born before 2003 and i was never married to her bio father but unfortunately he pays maintenance and does have contact but she has never lived with him or stayed over since she was 2 years old (she's now 8) will i need a stat dec from him???

welshtony

If your daughter was born before 01 December 2003 (in England or Wales) and you never married her father, he has no parental responsibility and you do not need anything from him. A stat dec from you confirming this and that to the best of your knowledge, he has never applied for Parental Responsibility. Where there is regular contact, it is a good idea, if you are not going to open a can of worms, you could get a stat dec from her father confirming he is OK with the proposed move to Australia and this should then satisfy the case officer that, not only is it legal for your daughter to move to Australia, but is also probably in her best interests.

Regards



Tony Coates
MARN 0635896

vickys

Thanks very much Tony that's brill, hopefully he'll go along with it as like you say it's in the best interest for my daughter.