Shellyj

So the father has a PA Order, does your wife have a copy of that Order? Most Orders relating to children, except those made to the LA in care procedings, are made until the childs 16th Birthday. You can apply to the Court for a copy of the Order if you dont have one to check the details, you need to apply to the Court where the Order was made. That would prove the father does not have PR if it states 16.

flanagaj

Just reading it now and it states the date of her 18th Birthday. As far as I am aware all PR orders are valid till the child is 18

JAJ

It shouldn't say that. Something is wrong. Read again the quote from the legislation you were given in post #6.

flanagaj

JAJ - We have been told that under UK law the PR is in place till the Child is 18 and we have to go to court to get the order disolved if we wish to go to Australia.

Now, if you can put me in touch with a UK Solicitor who says otherwise then it would be most appreciated.

Dorothy

And you don't think your lawyer could be mistaken? The law is very clear and it is written here. http://www.opsi.gov.uk/acts/acts1989...3#pt2-pb1-l1g9 I would think your case officer would be inclined to agree that she doesn't need permission from her father if you send the CO a copy of the UK legislation.

You know, it sounds more to me like you're putting up your own roadblocks to obtaining a visa. First it was the medicals issue that you wouldn't take advice on then once that was solved now you're not taking the advice on the residence issues. From a completely unbiased and frankly disinterested point of view, I would say you don't really want to move to Australia and you're just making excuses.

flanagaj

Hi Dorothy, you can rest assured that I am not putting up my own road blocks. Getting to Aus has been a 7 year long dream for me. I joined the forum in 2003 and new that my Step Daughters Father would cost us a fortune in legal fees back then fighting our application. he was one of those layabouts whos was given a blankety blank Legal Aid cheque book with which to drag us through the courts!

In fact one time he cost me 3.5k in legal fees and on the day of the Court Case he rang his solicitor and said he didn't want to go to court! Didn't make a difference to him as the tax payer paid his legal fees.

I will forward the CO the link you have listed. Fingers crossed this will do the trick as I have better ways of spending money than on Solicitors..

flanagaj

So after waiting nearly 3 weeks to have my Post Lodgement Enquiry answered I receive the following reply and it was no even for the CO dealing with my case

"Dear Mr Flanagan

I am emailing in regards to the above application for migration.

The biological mother is required to provide evidence of trying to contact
the biological father of XXXXXX .
If the biological father is not contactable as you have advised in your
email, please out line the steps taken to establish contact in a statutory
declaration or affidavit.

This will then be assessed by the case officer, please note that depending
on the circumstances it is likely that a legal court order will be
required.

Below is the Custody requirement link
http://www.immi.gov.au/skilled/gener...dary-app.htm#d


Kind regards"


I think I am about to call it a day as I am just finding the whole thing totally stressful. As stated before and stated in my Post Lodegement Enquiry, she is 17 and have been told it will take at least 4 months to get to court and lots of wasted money, just so she can stand up and tell the Judge she wants to go.

I will be honest now and tell you all that we can get in contact with said absent Father, but as they guy is a total ***** he will purposely ignore solicitor letters and all that just to cost me money and to make sure he drags it through the courts for no reason.

Yours defeated

NikiL

Just do the stat dec - it sounds like your CO has given you the green light on the basis of not being able to contact the father, and a stat dec's really not so bad.

If you can't contact the father, then you also have the option of going to court with the evidence of contact being attempted, you can self represent easily enough and the court will give you the order. Problem solved.

Dorothy

However, he said that the can contact the father but don't want to because he will be difficult. They can't swear a declaration saying they are unable to contact him because they are able.

flanagaj

I could lie, but I know it will bite me in the long run. So I have decided to get my Step Daughter to email him requesting a Stat Dec. If he refuses and is not willing to give us his address then I hope that we can use that as enough evidence to obtain a Court hearing.

All of this and yet DIAC have not confirmed that they will wait for us to obtain such an order. That is why it is so stressful

JAJ

I still don't understand why you just don't find another solicitor who is willing to write a letter saying that 17 year olds don't need any parental permission or court order to leave the UK.

Alternatively, if the existing custody order really did extend to 18th birthday, that should not normally have been done (probably a mistake) and go back to court asking for it to be terminated.

flanagaj

George Lombard state they can sort it out for me so will get them on the case. Have been told that to go back to Court given current queues will be around 4 months

Pollyana

That's one of the best places you could get help from - if they can't sort it I'll be extremely surprised.