gypsyroselee

Hi all ...I was a member here years back but can't remember my username....
I'd love a bit of help please if you could be so kind.
I have a daughter who will be 16 next year and we are in the process of trying to get the ball rolling for visas.
I believe from this forum that for a child who has reached 16years old you don't require permission from the other parent to permanently leave the UK to live in Australia.
I thought I'd have no issues getting this in writing from my solicitor but the receptionist called me back today saying.... no....its 18 years old.
My gut tells me they're wrong...(!!)..based on advice given by JAJ on here before over the years... But if they are wrong how or WHO do I go to to get a letter stating that I don't need permission if I can't even rely on my solicitor!?

Does anyone have a contact email or something for someone in the legal profession whom they've used in the same situation please?

Thank you so much.

spouse of scouse

Hi, I can't help with a solicitor but this extract from a DIBP document may be of interest:

https://www.google.co.uk/url?sa=t&rc...oqnNF8hn5MoD8Q (this links to a PDF document that you'll need to download)

Parental responsibility (custody) requirement (for children under 18 years of age)
The parental responsibility (custody) requirement must be met for every child under 18 years of age. If another parent or any other person can legally determine where the child can live, permission for the child
to migrate must be obtained from that person. This must be in the form of either a completed form 1229
Consent to grant an Australian visa to a child under the age of 18 years or a statutory declaration.
Note: A form 1229 or a statutory declaration needs to be accompanied by a certified copy of their identification (eg. passport or driver’s licence).
Alternatively, the parental responsibility (custody) requirement will be satisfied if:
• the sponsor has a valid court order that permits them to permanently remove the child from the
child’s home country; OR
• the sponsor has a valid Australian child order issued by the Family Court of Australia and the grant of Child Migration visa would be consistent with that order.

Pollyana

Like SoS I'm sure its 18 now, and I think it always has been. However at 16 the wishes of the child will be taken intoaccount as well so if it comes to the worst and you have to go to court that will help.

Bermudashorts

I agree with OP, I am sure a 16 year old can live where they choose in the UK. And as such, that would be sufficient for Australian authorities. This is also something I read from JAJ loads of times. I would find a new solicitor.

quoll

I'm not sure about the age but I would have thought it was 18 legally. However you do need to watch out for the educational implications of a move at that age, it might be better to wait until they had finished A levels to keep all their options open.

Pollyana

Not knowing what visa the OP is applying for, I've taken a guess at a 189, and the current guidelines clearly say 18.
----------------------------------------
Children

Copies of birth certificates or the family book showing the names of both parents for each dependent child included in the application.
For all children included in the application aged 18 years or older, provide a scanned colour copy of:
their full birth certificate to evidence their relationship to you
evidence of their current or recent formal studies
evidence of financial dependency on you
a completed Form 47A
If any dependent child included in the application is adopted include scanned colour copies of the adoption papers.
If you have included a child under 18 years of age in the application, and that child’s other parent is not included in the application you must provide documentary evidence that you have the legal right to include that child in your application, such as:
copies of official legal documents, such as a court-issued custody, access or guardianship order;
Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (125 kB PDF file). If you use this form, you will have to attach a certified copy of the other parent’s government issued identification document (such as a passport or driver’s licence) with their photograph and a signature.


https://www.border.gov.au/Trav/Visa-...ment-checklist

gypsyroselee

Yeah I believe I'm right but unfortunately I will likely need a statement from a legal professional explaining why I have the legal right.....it's finding a solicitor who knows what they're doing that's the problem without having to pay each one until I find a one who is worth their salt....I find it quite disappointing that they can be so wrong when it's their job!
Thank you Bermudashorts

gypsyroselee

Yes I understand they say 18 however they also say if under 18 then I must have the 'legal right' which I believe I do from reading the children's act etc... Hague convention no longer applies etc.
I need a solicitor who knows what they're doing that's the problem... finding one.
Thank you I appreciate everyone's help.

Bermudashorts

Yep that is exactly how JAJ used to explain it.

Have a look at Child Abduction Act 1984, it indicates that only applies for children under 16. It should not really be hard to find a lawyer that is familiar with this, hopefully next one you contact will be better placed.

gypsyroselee

Right...I'll try....through looking at past posts he advises checking solicitors who are found on 'reunite' so I'll try there first.
Thank you for your help everyone x

Scotty1

We got a visa for a 16 year old with consent, but I did the research in case it turned out to be without consent. Have a read of the wiki article on here re child custody issues, but effectively you are correct. In the UK, legislation allows a child of 16 or 17 to live where they wish. You need a family lawyer with experience of international custody to explain this in writing to DIBP. If the law of your home country allows you to determine where the 16 year old will live without the other parents consent, you can get a visa for them.
Having said this it is a lot easier if the other parent consents. In our case I think they realised that there was no point in trying to force them and consent meant a lot less resentment. You might try explaining that too with the relevant legal letter. Be aware that child visa processing times are, or were, months. Difficult when you have a teenager desperate to move.

gypsyroselee

Thanks Scotty
I've emailed another local solicitor from the reunite directory, hoping they'll be more knowledgeable than my previous one....it's truly frustrating and unbelievable that I could potentially pay hundreds of pounds to someone who's supposed to know these things....and be given the wrong information.... Which could potentially prevent a visa grant...crackers!
I'll post back up if I get the answer I'm looking for from them and let people know who to consult if they find themselves in the same situation x