Parental Responsibility
May 18th 2007, 3:02 pm
#16
BE Forum Addict
Joined: Jan 2007
Location: Sunshine Coast, Queensland.
Posts: 2,141
Re: Parental Responsibility
[quote=The BBs;4796697]Hello to all you members of BritishExpats. Great Forum!
We have just signed up for the first time and would like to introduce ourselves.
We are a family of 5 living in Devon (UK) and hoping to to immigrate to Brisbane sometime next year probably during the summer. I passed my TRA for a 136 visa and we are now (almost) ready to send our main visa application.
.............................
Ok, I went through a removal from jurisdiction and parental responsibility county court case. We are emigrating under a 136 and are doing it ourselves.
We have 4 children, 1 of which our eldest daughter of 10, has a different father. They look at lots of factors in these cases, how long you been together, contact with father, parental responsibility, if it will be in the best interest of the child, also if the father is objecting..
You may not need to go to court if the father is giving permission but you will need to get this in writing from court officially if he has PR. If he dosn't and dosnt have contact with the child it's up to you.
We decided to do everything right and go for PR for my husband as he's been her dad for 7 1/2 yrs and we have 3 more boys and wanted to safe guard her future if anything happened to me...
without knowing your full story i cant really advise you of anything else. our case took 6 months and cost £2K in Derbyshire. Her father objected and in the end Cafcass said she knew her own mind and what she wanted. So we won it. At the end he admitted it would be good for her and backed down.... (could've spent the cash on something else, but hey).
Hope this helps, S-j
We have just signed up for the first time and would like to introduce ourselves.
We are a family of 5 living in Devon (UK) and hoping to to immigrate to Brisbane sometime next year probably during the summer. I passed my TRA for a 136 visa and we are now (almost) ready to send our main visa application.
.............................
Ok, I went through a removal from jurisdiction and parental responsibility county court case. We are emigrating under a 136 and are doing it ourselves.
We have 4 children, 1 of which our eldest daughter of 10, has a different father. They look at lots of factors in these cases, how long you been together, contact with father, parental responsibility, if it will be in the best interest of the child, also if the father is objecting..
You may not need to go to court if the father is giving permission but you will need to get this in writing from court officially if he has PR. If he dosn't and dosnt have contact with the child it's up to you.
We decided to do everything right and go for PR for my husband as he's been her dad for 7 1/2 yrs and we have 3 more boys and wanted to safe guard her future if anything happened to me...
without knowing your full story i cant really advise you of anything else. our case took 6 months and cost £2K in Derbyshire. Her father objected and in the end Cafcass said she knew her own mind and what she wanted. So we won it. At the end he admitted it would be good for her and backed down.... (could've spent the cash on something else, but hey).
Hope this helps, S-j
May 18th 2007, 3:23 pm
#17
Forum Regular
Thread Starter
Joined: May 2007
Location: Brisbane, Australia
Posts: 69
Re: Parental Responsibility
I think I have several replies to my orginal posting which needs answering so here goes:
1) We have lived in Devon for about 5 years now and love it but, we had never been to Oz until this xmas gone where we spent a few days in Sydney and 4 weeks in Brisbane with some really good friends and we just fell in love with the place.
We are also rather concerned at the political situation in the UK and feel very unsettled. We know there are problem everywhere around the world but sadly we have been losing faith in the UK for quite some time now.
2) We live about 50 miles away from Tiverton but given the choice (and it is only a personal choice) we wouldn't live there! Can't really explain it but it is purely a gut feeling! You should think carefuly about what it is about Devon you love and look at different ares to try and find it. If you also have children, consider the schools VERY carefully!
3) I appreciate that so far I have not posted anything about our current "problem" as I didn't want to pelt on at full speed until I knew that perhaps someone could help us. Now that I know differently I will post "it" a short while after this message.
Will be back shortly.
The BBs.
May 18th 2007, 4:12 pm
#18
Forum Regular
Thread Starter
Joined: May 2007
Location: Brisbane, Australia
Posts: 69
Re: Parental Responsibility
[QUOTE=s-jmelbournewannabe;4798313]
Hi s-jmelbournewannabe,
Thanks for posting that information as well. As promised here I am to post you our problem which so far is:
My step daughter is 13years old and her biological father wasn’t married to her mum or lived with her before my step daughter was born. Her father insisted on a DNA test (stupidly, as a blind person would have been able to tell she was his!) to prove his parentage and when the positive results came back he then decided to put his name on her birth certificate.
He has seen her irregularly (perhaps 4 to 6 times per year) since her birth, phones her occasionally and makes a financial gesture on a weekly basis which really is just a gesture. My wife was very good to him and to keep “his” matters fairly simple, kept it away from the CSA. I met my step daughter when she was 3 months old and brought her up as my own. She now has a brother and a sister whom she loves dearly. Incidentally, we have to communicate with her father occasionally to remind him he still has a daughter!
I have provided for her and love her just as much as my two other children so in fact we don’t need his money nor have we ever needed it but we allow him this facility so that he “feels” as though he is making a contribution to her which might make him feel better. We also feel that our daughter should not be denied access to him and have never interfered with that. In fact we have always encouraged it despite me not always feeling particularly comfortable about it! She is the one that matters in all of this.
When we told him about our intentions to immigrate, after receipt of the TRA results, (we didn’t see the point of doing it before then) he in principal appeared ok about it (he was at our home visiting my step daughter at the time) but since then started to play coy and would not answer our emails.
We have only until the end of August 2007 to apply as we have just the right amount of points for the 136. After that the rules are changing and this will mostly likely stop us ALL from going. He knows this and is purposely delaying seeing or discussing this with my step daughter until he sees her face to face about 2 months from now! We have offered to drive her the 300 miles to where he lives to facilitate this communication and to help us speed up our application but he has refused it!
We received an email from him today stating that our move would make it difficult for him to see her (although he hardly ever sees her now) and despite the fact that we have agreed for her to travel back to the UK every year (accompanied) and for him to come and stay with us in Brissi anytime he wants! He feels that this talk he needs to have with her has to be a gentle thing skillfully discussed over a few months in order to help him decide if it’s the right thing for her!!! This is in fact delaying tactics as any intelligent person will know but could stop us all from going! His interests are not necessarily the best for her as we feel this is retaliation for not telling him what we were doing right from the start.
My daughter is REALLY upset about this as she really wants to go to Oz and doesn’t want the rest of her family to suffer as a result of his selfish behavior. She is very intelligent and caring and this alone is cutting me into pieces! I never wanted for her to be so deeply involved nor did we ever imagine that it would come to this given our circumstances above but we all really want to go to Oz.
We have been to see our solicitor today and arranged for me to have formal PR for lots of sensible reasons and our solicitor thinks that we, if we have to go to court to get her out of the country, will get permission for her to leave anyway but this court case could take up to 1 year!!! We have to get our application in before the end of August! Arrggggggg…
We have worked SO HARD to get this far and we may even fail at the last hurdle but to not even stand a chance because of this selfish man is just unbelievable! We are now waiting for his reply on Monday to decide where to go from here i.e. get his certified letter or start court proceedings.
Any members of this Forum that may have a similar case or that might even be going through this themselves, that have some good suggestions or ideas will be very gratefully received.
I am so sorry that this has turned into a book rather than an email but there was a lot of information to share with you all. Thank you for being patient.
The BBs
Hello to all you members of BritishExpats. Great Forum!
We have just signed up for the first time and would like to introduce ourselves.
We are a family of 5 living in Devon (UK) and hoping to to immigrate to Brisbane sometime next year probably during the summer. I passed my TRA for a 136 visa and we are now (almost) ready to send our main visa application.
.............................
Ok, I went through a removal from jurisdiction and parental responsibility county court case. We are emigrating under a 136 and are doing it ourselves.
We have 4 children, 1 of which our eldest daughter of 10, has a different father. They look at lots of factors in these cases, how long you been together, contact with father, parental responsibility, if it will be in the best interest of the child, also if the father is objecting..
You may not need to go to court if the father is giving permission but you will need to get this in writing from court officially if he has PR. If he dosn't and dosnt have contact with the child it's up to you.
We decided to do everything right and go for PR for my husband as he's been her dad for 7 1/2 yrs and we have 3 more boys and wanted to safe guard her future if anything happened to me...
without knowing your full story i cant really advise you of anything else. our case took 6 months and cost £2K in Derbyshire. Her father objected and in the end Cafcass said she knew her own mind and what she wanted. So we won it. At the end he admitted it would be good for her and backed down.... (could've spent the cash on something else, but hey).
Hope this helps, S-j
We have just signed up for the first time and would like to introduce ourselves.
We are a family of 5 living in Devon (UK) and hoping to to immigrate to Brisbane sometime next year probably during the summer. I passed my TRA for a 136 visa and we are now (almost) ready to send our main visa application.
.............................
Ok, I went through a removal from jurisdiction and parental responsibility county court case. We are emigrating under a 136 and are doing it ourselves.
We have 4 children, 1 of which our eldest daughter of 10, has a different father. They look at lots of factors in these cases, how long you been together, contact with father, parental responsibility, if it will be in the best interest of the child, also if the father is objecting..
You may not need to go to court if the father is giving permission but you will need to get this in writing from court officially if he has PR. If he dosn't and dosnt have contact with the child it's up to you.
We decided to do everything right and go for PR for my husband as he's been her dad for 7 1/2 yrs and we have 3 more boys and wanted to safe guard her future if anything happened to me...
without knowing your full story i cant really advise you of anything else. our case took 6 months and cost £2K in Derbyshire. Her father objected and in the end Cafcass said she knew her own mind and what she wanted. So we won it. At the end he admitted it would be good for her and backed down.... (could've spent the cash on something else, but hey).
Hope this helps, S-j
Thanks for posting that information as well. As promised here I am to post you our problem which so far is:
My step daughter is 13years old and her biological father wasn’t married to her mum or lived with her before my step daughter was born. Her father insisted on a DNA test (stupidly, as a blind person would have been able to tell she was his!) to prove his parentage and when the positive results came back he then decided to put his name on her birth certificate.
He has seen her irregularly (perhaps 4 to 6 times per year) since her birth, phones her occasionally and makes a financial gesture on a weekly basis which really is just a gesture. My wife was very good to him and to keep “his” matters fairly simple, kept it away from the CSA. I met my step daughter when she was 3 months old and brought her up as my own. She now has a brother and a sister whom she loves dearly. Incidentally, we have to communicate with her father occasionally to remind him he still has a daughter!
I have provided for her and love her just as much as my two other children so in fact we don’t need his money nor have we ever needed it but we allow him this facility so that he “feels” as though he is making a contribution to her which might make him feel better. We also feel that our daughter should not be denied access to him and have never interfered with that. In fact we have always encouraged it despite me not always feeling particularly comfortable about it! She is the one that matters in all of this.
When we told him about our intentions to immigrate, after receipt of the TRA results, (we didn’t see the point of doing it before then) he in principal appeared ok about it (he was at our home visiting my step daughter at the time) but since then started to play coy and would not answer our emails.
We have only until the end of August 2007 to apply as we have just the right amount of points for the 136. After that the rules are changing and this will mostly likely stop us ALL from going. He knows this and is purposely delaying seeing or discussing this with my step daughter until he sees her face to face about 2 months from now! We have offered to drive her the 300 miles to where he lives to facilitate this communication and to help us speed up our application but he has refused it!
We received an email from him today stating that our move would make it difficult for him to see her (although he hardly ever sees her now) and despite the fact that we have agreed for her to travel back to the UK every year (accompanied) and for him to come and stay with us in Brissi anytime he wants! He feels that this talk he needs to have with her has to be a gentle thing skillfully discussed over a few months in order to help him decide if it’s the right thing for her!!! This is in fact delaying tactics as any intelligent person will know but could stop us all from going! His interests are not necessarily the best for her as we feel this is retaliation for not telling him what we were doing right from the start.
My daughter is REALLY upset about this as she really wants to go to Oz and doesn’t want the rest of her family to suffer as a result of his selfish behavior. She is very intelligent and caring and this alone is cutting me into pieces! I never wanted for her to be so deeply involved nor did we ever imagine that it would come to this given our circumstances above but we all really want to go to Oz.
We have been to see our solicitor today and arranged for me to have formal PR for lots of sensible reasons and our solicitor thinks that we, if we have to go to court to get her out of the country, will get permission for her to leave anyway but this court case could take up to 1 year!!! We have to get our application in before the end of August! Arrggggggg…
We have worked SO HARD to get this far and we may even fail at the last hurdle but to not even stand a chance because of this selfish man is just unbelievable! We are now waiting for his reply on Monday to decide where to go from here i.e. get his certified letter or start court proceedings.
Any members of this Forum that may have a similar case or that might even be going through this themselves, that have some good suggestions or ideas will be very gratefully received.
I am so sorry that this has turned into a book rather than an email but there was a lot of information to share with you all. Thank you for being patient.
The BBs
May 18th 2007, 7:25 pm
#19
Loving it in SA
Joined: Jun 2006
Location: Seaford.....South Australia
Posts: 1,759
Re: Parental Responsibility
[QUOTE=The BBs;4798714]
Hi there and welcome to the boards.........
Me and the mrs went throught this a few months ago, she is out tonite but tell you what if you PM her she will help you out as much as she can ours was a wee bit easier as the father of the kids has not had any contact with them or anything.
Good luck with yours we knoe what your going through my friend.
Give my Mrs a PM.
Good Luck
Hi s-jmelbournewannabe,
Thanks for posting that information as well. As promised here I am to post you our problem which so far is:
My step daughter is 13years old and her biological father wasn’t married to her mum or lived with her before my step daughter was born. Her father insisted on a DNA test (stupidly, as a blind person would have been able to tell she was his!) to prove his parentage and when the positive results came back he then decided to put his name on her birth certificate.
He has seen her irregularly (perhaps 4 to 6 times per year) since her birth, phones her occasionally and makes a financial gesture on a weekly basis which really is just a gesture. My wife was very good to him and to keep “his” matters fairly simple, kept it away from the CSA. I met my step daughter when she was 3 months old and brought her up as my own. She now has a brother and a sister whom she loves dearly. Incidentally, we have to communicate with her father occasionally to remind him he still has a daughter!
I have provided for her and love her just as much as my two other children so in fact we don’t need his money nor have we ever needed it but we allow him this facility so that he “feels” as though he is making a contribution to her which might make him feel better. We also feel that our daughter should not be denied access to him and have never interfered with that. In fact we have always encouraged it despite me not always feeling particularly comfortable about it! She is the one that matters in all of this.
When we told him about our intentions to immigrate, after receipt of the TRA results, (we didn’t see the point of doing it before then) he in principal appeared ok about it (he was at our home visiting my step daughter at the time) but since then started to play coy and would not answer our emails.
We have only until the end of August 2007 to apply as we have just the right amount of points for the 136. After that the rules are changing and this will mostly likely stop us ALL from going. He knows this and is purposely delaying seeing or discussing this with my step daughter until he sees her face to face about 2 months from now! We have offered to drive her the 300 miles to where he lives to facilitate this communication and to help us speed up our application but he has refused it!
We received an email from him today stating that our move would make it difficult for him to see her (although he hardly ever sees her now) and despite the fact that we have agreed for her to travel back to the UK every year (accompanied) and for him to come and stay with us in Brissi anytime he wants! He feels that this talk he needs to have with her has to be a gentle thing skillfully discussed over a few months in order to help him decide if it’s the right thing for her!!! This is in fact delaying tactics as any intelligent person will know but could stop us all from going! His interests are not necessarily the best for her as we feel this is retaliation for not telling him what we were doing right from the start.
My daughter is REALLY upset about this as she really wants to go to Oz and doesn’t want the rest of her family to suffer as a result of his selfish behavior. She is very intelligent and caring and this alone is cutting me into pieces! I never wanted for her to be so deeply involved nor did we ever imagine that it would come to this given our circumstances above but we all really want to go to Oz.
We have been to see our solicitor today and arranged for me to have formal PR for lots of sensible reasons and our solicitor thinks that we, if we have to go to court to get her out of the country, will get permission for her to leave anyway but this court case could take up to 1 year!!! We have to get our application in before the end of August! Arrggggggg…
We have worked SO HARD to get this far and we may even fail at the last hurdle but to not even stand a chance because of this selfish man is just unbelievable! We are now waiting for his reply on Monday to decide where to go from here i.e. get his certified letter or start court proceedings.
Any members of this Forum that may have a similar case or that might even be going through this themselves, that have some good suggestions or ideas will be very gratefully received.
I am so sorry that this has turned into a book rather than an email but there was a lot of information to share with you all. Thank you for being patient.
The BBs
Thanks for posting that information as well. As promised here I am to post you our problem which so far is:
My step daughter is 13years old and her biological father wasn’t married to her mum or lived with her before my step daughter was born. Her father insisted on a DNA test (stupidly, as a blind person would have been able to tell she was his!) to prove his parentage and when the positive results came back he then decided to put his name on her birth certificate.
He has seen her irregularly (perhaps 4 to 6 times per year) since her birth, phones her occasionally and makes a financial gesture on a weekly basis which really is just a gesture. My wife was very good to him and to keep “his” matters fairly simple, kept it away from the CSA. I met my step daughter when she was 3 months old and brought her up as my own. She now has a brother and a sister whom she loves dearly. Incidentally, we have to communicate with her father occasionally to remind him he still has a daughter!
I have provided for her and love her just as much as my two other children so in fact we don’t need his money nor have we ever needed it but we allow him this facility so that he “feels” as though he is making a contribution to her which might make him feel better. We also feel that our daughter should not be denied access to him and have never interfered with that. In fact we have always encouraged it despite me not always feeling particularly comfortable about it! She is the one that matters in all of this.
When we told him about our intentions to immigrate, after receipt of the TRA results, (we didn’t see the point of doing it before then) he in principal appeared ok about it (he was at our home visiting my step daughter at the time) but since then started to play coy and would not answer our emails.
We have only until the end of August 2007 to apply as we have just the right amount of points for the 136. After that the rules are changing and this will mostly likely stop us ALL from going. He knows this and is purposely delaying seeing or discussing this with my step daughter until he sees her face to face about 2 months from now! We have offered to drive her the 300 miles to where he lives to facilitate this communication and to help us speed up our application but he has refused it!
We received an email from him today stating that our move would make it difficult for him to see her (although he hardly ever sees her now) and despite the fact that we have agreed for her to travel back to the UK every year (accompanied) and for him to come and stay with us in Brissi anytime he wants! He feels that this talk he needs to have with her has to be a gentle thing skillfully discussed over a few months in order to help him decide if it’s the right thing for her!!! This is in fact delaying tactics as any intelligent person will know but could stop us all from going! His interests are not necessarily the best for her as we feel this is retaliation for not telling him what we were doing right from the start.
My daughter is REALLY upset about this as she really wants to go to Oz and doesn’t want the rest of her family to suffer as a result of his selfish behavior. She is very intelligent and caring and this alone is cutting me into pieces! I never wanted for her to be so deeply involved nor did we ever imagine that it would come to this given our circumstances above but we all really want to go to Oz.
We have been to see our solicitor today and arranged for me to have formal PR for lots of sensible reasons and our solicitor thinks that we, if we have to go to court to get her out of the country, will get permission for her to leave anyway but this court case could take up to 1 year!!! We have to get our application in before the end of August! Arrggggggg…
We have worked SO HARD to get this far and we may even fail at the last hurdle but to not even stand a chance because of this selfish man is just unbelievable! We are now waiting for his reply on Monday to decide where to go from here i.e. get his certified letter or start court proceedings.
Any members of this Forum that may have a similar case or that might even be going through this themselves, that have some good suggestions or ideas will be very gratefully received.
I am so sorry that this has turned into a book rather than an email but there was a lot of information to share with you all. Thank you for being patient.
The BBs
Me and the mrs went throught this a few months ago, she is out tonite but tell you what if you PM her she will help you out as much as she can ours was a wee bit easier as the father of the kids has not had any contact with them or anything.
Good luck with yours we knoe what your going through my friend.
Give my Mrs a PM.
Good Luck
May 18th 2007, 7:36 pm
#20
BE Enthusiast
Joined: Apr 2007
Location: Now reside where the sunshine's brightly :D
Posts: 544
Re: Parental Responsibility
Hi
I hope this helps. Don't know if you have done a search but this was posted on a previous thread about this problem by one of the migration agents that posts on here, who usually offers knowledgable and sound advice.
No Parental Responsibility means father has no legal say as to where the child lives.
Not being named on the birth certificate means no Automatic Parental
Responsibility for the father.
Fathers of children born before 01 December 2003 in England and Wales (15th April 2002 in Northern Ireland and 4th May 2006 in Scotland) only have Automatic Parental Responsibility if named on the birth certificate AND were married to the mother at the time of birth, or some time after. Fathers of children born on or after the said dates have Automatic Parental Responsibility, if named on the birth certificate, whether they were married to the mother or not.
You will need to find out whether your agreement for contact, has given him any Parental Responsibility.
So it is only where Parental Responsibility exists, do you need to get permission from that parent or a court order.
sals
I hope this helps. Don't know if you have done a search but this was posted on a previous thread about this problem by one of the migration agents that posts on here, who usually offers knowledgable and sound advice.
No Parental Responsibility means father has no legal say as to where the child lives.
Not being named on the birth certificate means no Automatic Parental
Responsibility for the father.
Fathers of children born before 01 December 2003 in England and Wales (15th April 2002 in Northern Ireland and 4th May 2006 in Scotland) only have Automatic Parental Responsibility if named on the birth certificate AND were married to the mother at the time of birth, or some time after. Fathers of children born on or after the said dates have Automatic Parental Responsibility, if named on the birth certificate, whether they were married to the mother or not.
You will need to find out whether your agreement for contact, has given him any Parental Responsibility.
So it is only where Parental Responsibility exists, do you need to get permission from that parent or a court order.
sals
May 18th 2007, 7:48 pm
#21
BE Forum Addict
Joined: Jan 2007
Location: Sunshine Coast, Queensland.
Posts: 2,141
Re: Parental Responsibility
Ok BB's,
We started ours in Sept gone and got the ok before Christmas but officially Beg of Feb, if i remember right. See my timeline on user ID.
What i would do is shove dad, you dont need his permission anyway he dosnt have PR. If he is at work he will have to pay for a solicitor to represent him too,, sounds tight maybe he wont contest. ring county court get the right forms sent to you, fill em in and present him with one in the mail, he will like that... Get your daughter to ring 'dad' and say she is going wether he likes it or not, lay it on the table for her so she knows what's riding on it.. your not asking her to hate her dad just tell him what she's doing...
put it to him the courts will only expect you to send her back to uk for once a yr up to a month in january and provide her with access to internet. So if you offer him more access than that will benefit him...
Personally i think you should start court proceedings, he will probably change his mind and let you go.... Dont surrender info till he's being nice and get your visa application ready to send in July.... Just say you have permission but will send in the court order or stat dec from him when CO req info... to buy a bit more time.... So i'd just get your skates on. he really isnt a problem as he dosnt see her every other weekend and she dosnt have a regular contact order.. It is clearly in her best intrests to go with her immediate family and if you want any more info, just PM me.....
S-j x
We started ours in Sept gone and got the ok before Christmas but officially Beg of Feb, if i remember right. See my timeline on user ID.
What i would do is shove dad, you dont need his permission anyway he dosnt have PR. If he is at work he will have to pay for a solicitor to represent him too,, sounds tight maybe he wont contest. ring county court get the right forms sent to you, fill em in and present him with one in the mail, he will like that... Get your daughter to ring 'dad' and say she is going wether he likes it or not, lay it on the table for her so she knows what's riding on it.. your not asking her to hate her dad just tell him what she's doing...
put it to him the courts will only expect you to send her back to uk for once a yr up to a month in january and provide her with access to internet. So if you offer him more access than that will benefit him...
Personally i think you should start court proceedings, he will probably change his mind and let you go.... Dont surrender info till he's being nice and get your visa application ready to send in July.... Just say you have permission but will send in the court order or stat dec from him when CO req info... to buy a bit more time.... So i'd just get your skates on. he really isnt a problem as he dosnt see her every other weekend and she dosnt have a regular contact order.. It is clearly in her best intrests to go with her immediate family and if you want any more info, just PM me.....
S-j x
May 18th 2007, 10:45 pm
#22
Forum Regular
Thread Starter
Joined: May 2007
Location: Brisbane, Australia
Posts: 69
Re: Parental Responsibility
Hi again and thank you all so much for such kind help.
We are applying for this visa through an agency (I don’t feel happy naming them) and they basically state that as far as the Australian Immigration department are concerned, no certified letter from the father, no visa! They are quite emphatic on this point and I have reason to believe that this is factual and relates to child abduction which although I am not enjoying it at the moment, I have to say I completely agree with. We want to get our visas and not do anything that would jeopardize our chances of a new and exciting life.
Also, my step daughter’s father has put his name in her birth certificate but has never applied for PR through the courts. He (under UK law) does not automatically get PR as he wasn’t married to my wife and didn’t live with her before my daughter was born, unless he applies through the courts, and so far as we know he hasn’t applied as we would have known about it by now. I applied for her PR today and hope to get the official confirmation within 2 weeks! At least that’s what we were told by our solicitor earlier today.
My daughter took on our family name by deed pole a few years ago (she had my wife’s family name – not her father’s) and this was done without his consent so it does seem stupid that we have to go though this now, but as I already stated, if this is what we have to do to immigrate then we shall do it, unless someone can prove us or the agents wrong in this respect?
My daughter wants to talk to her father and in fact tried tonight but he is not answering his phone either! Frustrating to say the least! She wants to put her points across to him and make him realize that he is being selfish but I would wager that he will refuse to talk to her until he sees her face to face and this is not going to happen for weeks yet! He promised to send us a letter on Monday but didn’t specify the content so we don’t know what to expect. Either way I fear that it will not be good news as he has now had enough time to start creating havoc behind our backs!
As a last point, I still don’t know my way around this site properly so please forgive my ignorance but what does PM mean? Post a Message? If so, what’s the best way to do this “Katsmajics other half”?
Once again thank you all for your help and I hope that I too can reciprocate the gesture at some point.
The BBs.
We are applying for this visa through an agency (I don’t feel happy naming them) and they basically state that as far as the Australian Immigration department are concerned, no certified letter from the father, no visa! They are quite emphatic on this point and I have reason to believe that this is factual and relates to child abduction which although I am not enjoying it at the moment, I have to say I completely agree with. We want to get our visas and not do anything that would jeopardize our chances of a new and exciting life.
Also, my step daughter’s father has put his name in her birth certificate but has never applied for PR through the courts. He (under UK law) does not automatically get PR as he wasn’t married to my wife and didn’t live with her before my daughter was born, unless he applies through the courts, and so far as we know he hasn’t applied as we would have known about it by now. I applied for her PR today and hope to get the official confirmation within 2 weeks! At least that’s what we were told by our solicitor earlier today.
My daughter took on our family name by deed pole a few years ago (she had my wife’s family name – not her father’s) and this was done without his consent so it does seem stupid that we have to go though this now, but as I already stated, if this is what we have to do to immigrate then we shall do it, unless someone can prove us or the agents wrong in this respect?
My daughter wants to talk to her father and in fact tried tonight but he is not answering his phone either! Frustrating to say the least! She wants to put her points across to him and make him realize that he is being selfish but I would wager that he will refuse to talk to her until he sees her face to face and this is not going to happen for weeks yet! He promised to send us a letter on Monday but didn’t specify the content so we don’t know what to expect. Either way I fear that it will not be good news as he has now had enough time to start creating havoc behind our backs!
As a last point, I still don’t know my way around this site properly so please forgive my ignorance but what does PM mean? Post a Message? If so, what’s the best way to do this “Katsmajics other half”?
Once again thank you all for your help and I hope that I too can reciprocate the gesture at some point.
The BBs.
May 19th 2007, 6:23 am
#23
Loving it in SA
Joined: Jun 2006
Location: Seaford.....South Australia
Posts: 1,759
Re: Parental Responsibility
Hi again and thank you all so much for such kind help.
We are applying for this visa through an agency (I don’t feel happy naming them) and they basically state that as far as the Australian Immigration department are concerned, no certified letter from the father, no visa! They are quite emphatic on this point and I have reason to believe that this is factual and relates to child abduction which although I am not enjoying it at the moment, I have to say I completely agree with. We want to get our visas and not do anything that would jeopardize our chances of a new and exciting life.
Also, my step daughter’s father has put his name in her birth certificate but has never applied for PR through the courts. He (under UK law) does not automatically get PR as he wasn’t married to my wife and didn’t live with her before my daughter was born, unless he applies through the courts, and so far as we know he hasn’t applied as we would have known about it by now. I applied for her PR today and hope to get the official confirmation within 2 weeks! At least that’s what we were told by our solicitor earlier today.
My daughter took on our family name by deed pole a few years ago (she had my wife’s family name – not her father’s) and this was done without his consent so it does seem stupid that we have to go though this now, but as I already stated, if this is what we have to do to immigrate then we shall do it, unless someone can prove us or the agents wrong in this respect?
My daughter wants to talk to her father and in fact tried tonight but he is not answering his phone either! Frustrating to say the least! She wants to put her points across to him and make him realize that he is being selfish but I would wager that he will refuse to talk to her until he sees her face to face and this is not going to happen for weeks yet! He promised to send us a letter on Monday but didn’t specify the content so we don’t know what to expect. Either way I fear that it will not be good news as he has now had enough time to start creating havoc behind our backs!
As a last point, I still don’t know my way around this site properly so please forgive my ignorance but what does PM mean? Post a Message? If so, what’s the best way to do this “Katsmajics other half”?
Once again thank you all for your help and I hope that I too can reciprocate the gesture at some point.
The BBs.
We are applying for this visa through an agency (I don’t feel happy naming them) and they basically state that as far as the Australian Immigration department are concerned, no certified letter from the father, no visa! They are quite emphatic on this point and I have reason to believe that this is factual and relates to child abduction which although I am not enjoying it at the moment, I have to say I completely agree with. We want to get our visas and not do anything that would jeopardize our chances of a new and exciting life.
Also, my step daughter’s father has put his name in her birth certificate but has never applied for PR through the courts. He (under UK law) does not automatically get PR as he wasn’t married to my wife and didn’t live with her before my daughter was born, unless he applies through the courts, and so far as we know he hasn’t applied as we would have known about it by now. I applied for her PR today and hope to get the official confirmation within 2 weeks! At least that’s what we were told by our solicitor earlier today.
My daughter took on our family name by deed pole a few years ago (she had my wife’s family name – not her father’s) and this was done without his consent so it does seem stupid that we have to go though this now, but as I already stated, if this is what we have to do to immigrate then we shall do it, unless someone can prove us or the agents wrong in this respect?
My daughter wants to talk to her father and in fact tried tonight but he is not answering his phone either! Frustrating to say the least! She wants to put her points across to him and make him realize that he is being selfish but I would wager that he will refuse to talk to her until he sees her face to face and this is not going to happen for weeks yet! He promised to send us a letter on Monday but didn’t specify the content so we don’t know what to expect. Either way I fear that it will not be good news as he has now had enough time to start creating havoc behind our backs!
As a last point, I still don’t know my way around this site properly so please forgive my ignorance but what does PM mean? Post a Message? If so, what’s the best way to do this “Katsmajics other half”?
Once again thank you all for your help and I hope that I too can reciprocate the gesture at some point.
The BBs.
If you click on the persons name that you want to send a pm to, you get a list of options, click on personal message and then type what you want to type then click send.
PM my mrs mate at Katsmajic, she will help you out.
hope that helps.
May 19th 2007, 12:43 pm
#24
Retired
Joined: Apr 2004
Posts: 34,649
Re: Parental Responsibility
We are applying for this visa through an agency (I don’t feel happy naming them) and they basically state that as far as the Australian Immigration department are concerned, no certified letter from the father, no visa! They are quite emphatic on this point and I have reason to believe that this is factual and relates to child abduction which although I am not enjoying it at the moment, I have to say I completely agree with.
4017 The Minister is satisfied of 1 of the following:
(a) the law of the applicant’s home country permits the removal of the applicant;
(b) each person who can lawfully determine where the applicant is to live consents to the grant of the visa;
(c) the grant of the visa would be consistent with any Australian child order in force in relation to the applicant.
4018 The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant.
May 19th 2007, 1:05 pm
#25
Forum Regular
Thread Starter
Joined: May 2007
Location: Brisbane, Australia
Posts: 69
Re: Parental Responsibility
Factually, Australian law says the following (in Schedule 4 to the Migration Regulations):
4017 The Minister is satisfied of 1 of the following:
(a) the law of the applicant’s home country permits the removal of the applicant;
(b) each person who can lawfully determine where the applicant is to live consents to the grant of the visa;
(c) the grant of the visa would be consistent with any Australian child order in force in relation to the applicant.
4018 The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant.
4017 The Minister is satisfied of 1 of the following:
(a) the law of the applicant’s home country permits the removal of the applicant;
(b) each person who can lawfully determine where the applicant is to live consents to the grant of the visa;
(c) the grant of the visa would be consistent with any Australian child order in force in relation to the applicant.
4018 The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant.
We have a few points / questions on your post to make:
1) How or where could we find out if UK law would permit her removal from the UK permanently?
2) Who is defined as being “lawful” for the purpose of this immigration and what are the criteria?
3) There are no child orders in force as we speak. My daughter’s bio father doesn’t have PR and so far as we know hasn’t “yet” applied for it! I have just in the last 24hours applied for PR which makes legal sense form my daughter’s point of view.
This legal jargon is somewhat daunting to decipher and can be misleading when read out! In real practical terms we need to know that if my daughter’s father does NOT indeed require the writing of this letter, that we can tell him to take a run and jump and go for it! We will need to, I am sure, provide legal evidence of this such that we can email it to our agents and that the CO in Australia will not reject.
We don’t know enough about both UK and Australian law in order to decide which country needs what in order for us to comply with both parties 100%. We don’t want to immigrate and be deported on a technicality!
We would appreciate immensely any answers you may be able to give us on our 3 points above and thank you once again for all you kind help.
The BBs.
May 19th 2007, 1:16 pm
#26
Retired
Joined: Apr 2004
Posts: 34,649
Re: Parental Responsibility
Thank you very much for your posting JAJ,
We have a few points / questions on your post to make:
1) How or where could we find out if UK law would permit her removal from the UK permanently?
2) Who is defined as being “lawful” for the purpose of this immigration and what are the criteria?
3) There are no child orders in force as we speak. My daughter’s bio father doesn’t have PR and so far as we know hasn’t “yet” applied for it! I have just in the last 24hours applied for PR which makes legal sense form my daughter’s point of view.
This legal jargon is somewhat daunting to decipher and can be misleading when read out! In real practical terms we need to know that if my daughter’s father does NOT indeed require the writing of this letter, that we can tell him to take a run and jump and go for it! We will need to, I am sure, provide legal evidence of this such that we can email it to our agents and that the CO in Australia will not reject.
We have a few points / questions on your post to make:
1) How or where could we find out if UK law would permit her removal from the UK permanently?
2) Who is defined as being “lawful” for the purpose of this immigration and what are the criteria?
3) There are no child orders in force as we speak. My daughter’s bio father doesn’t have PR and so far as we know hasn’t “yet” applied for it! I have just in the last 24hours applied for PR which makes legal sense form my daughter’s point of view.
This legal jargon is somewhat daunting to decipher and can be misleading when read out! In real practical terms we need to know that if my daughter’s father does NOT indeed require the writing of this letter, that we can tell him to take a run and jump and go for it! We will need to, I am sure, provide legal evidence of this such that we can email it to our agents and that the CO in Australia will not reject.
A reputable family law solicitor where you live can explain how UK law applies to your situation. It would be possible for such a solicitor to write to your case officer explaining the law.
DIAC have a whole set of policies underlying what the above Regulations are taken to mean.
May 19th 2007, 2:43 pm
#27
Forum Regular
Thread Starter
Joined: May 2007
Location: Brisbane, Australia
Posts: 69
Re: Parental Responsibility
That’s great JAJ, thank you very much for your very useful posted information.
We shall now trawl through the DIAC website and see what we can find. In the mean time if anyone out there knows the exact DIAC web link relating to this type of information, we would be very much appreciative of that link.
Incidentally, we are getting news in the UK regarding the serious drought throughout Australia and wondered what your personal views on that were? We know there was a water shortage in Queensland during last December and January when we were there but wondered how things really are from an Australian person’s point of view?
Thank you once again for all your help and support.
The BBs.
We shall now trawl through the DIAC website and see what we can find. In the mean time if anyone out there knows the exact DIAC web link relating to this type of information, we would be very much appreciative of that link.
Incidentally, we are getting news in the UK regarding the serious drought throughout Australia and wondered what your personal views on that were? We know there was a water shortage in Queensland during last December and January when we were there but wondered how things really are from an Australian person’s point of view?
Thank you once again for all your help and support.
The BBs.
May 19th 2007, 8:04 pm
#28
Retired
Joined: Apr 2004
Posts: 34,649
Re: Parental Responsibility
That’s great JAJ, thank you very much for your very useful posted information.
We shall now trawl through the DIAC website and see what we can find. In the mean time if anyone out there knows the exact DIAC web link relating to this type of information, we would be very much appreciative of that link.
We shall now trawl through the DIAC website and see what we can find. In the mean time if anyone out there knows the exact DIAC web link relating to this type of information, we would be very much appreciative of that link.
May 20th 2007, 8:48 am
#29
Forum Regular
Thread Starter
Joined: May 2007
Location: Brisbane, Australia
Posts: 69
Re: Parental Responsibility
You are unlikely to find it anywhere on the DIAC website. The website is not a comprehensive guide to the law. You can find the up to date version of the law (Migration Act 1958 and Migration Regulations 1994) at http://www.comlaw.gov.au
Thank you for that. We have been through that website since yesterday and holy mother of Jesus, it is simply a mine field! We downloaded “migration Act 1958” and “Migration Regulations 1994” in pdf format and literally trawled through the 400 and 500 pages but couldn’t find anything pertaining to the points you suggested!
There’s a huge plethora of information and downloads on that website which, without some guidance, I don’t think we would stand a chance of getting it done this year!
We will of course keep on digging until we do find something but, in the mean time would like to thank you very much for your kind help and for the web link posted yesterday.
The BBs
May 20th 2007, 10:26 pm
#30
BE Forum Addict
Joined: Jan 2007
Location: Sunshine Coast, Queensland.
Posts: 2,141
Re: Parental Responsibility
The BB's, the bottom line is he dosnt have PR so he dosnt have a say where she lives, just get your solicitor to do you a letter and jobs done... just sort out the relationship with daughter/dad.
If you're still struggling to decide, check out this website on the forums... Yourrightsdiscussionforum... I went on as Cheekymonkey and thread was called removal from jurisdiction, emigrating to Australia..
Hope this helps
S-j
When we split my ex went to court for parental responsibility and contact order so mine was different to yours..
If you're still struggling to decide, check out this website on the forums... Yourrightsdiscussionforum... I went on as Cheekymonkey and thread was called removal from jurisdiction, emigrating to Australia..
Hope this helps
S-j
When we split my ex went to court for parental responsibility and contact order so mine was different to yours..