erco

hi every 1 (again

hope some 1 can help me out here.

im applying for a visa for me, my wife and 2 children.
i am not their biological father.
ive raised them for 11 years (1 is 13 the other 15)
what i wanted to know is. if their biological father is willing to sign a document with a solicitor present giving his permission for the children to emigrate to australia. Is this enough for the immigration services or would i need parental rights through a court etc?

any help will be much appreciated.

cheers

wayne and caroline

Sally Simpson

[QUOTE=erco;6260837]hi every 1 (again

hope some 1 can help me out here.

im applying for a visa for me, my wife and 2 children.
i am not their biological father.
ive raised them for 11 years (1 is 13 the other 15)
what i wanted to know is. if their biological father is willing to sign a document with a solicitor present giving his permission for the children to emigrate to australia. Is this enough for the immigration services or would i need parental rights through a court etc?

any help will be much appreciated.

cheers

I don't know the answer for sure but you could try sending a PM to either Jennigee, Nikil or Badassbrickie as I know they have had these issues to deal with.

cheekivimto07

We had a Stat Dec done, ( agent sent us a templete) then it was signed by my ex-hubby infront of a solicitor. If you struggle getting hold of one let me know and i'l see if i still have the templete.

NikiL

Permission for removal from jurisdiction and parental responsibility are two very different things.

The ex can give his permission via a stat dec, but you will also need a certified copy of his passport to verify that it was him who signed the stat dec. As far as needing parental responsibility goes, I don't know yet if you have to have it, but surely it would be a good idea if you're going to be the other side of the planet?

We are currently going through the courts for shared residency for my stepson as in the current situation if I have no official responsibility if something happened to my partner my stepson would have to come back to the UK for residency to be resolved. Thankfully the ex has now agreed this, but we're still waiting for her solicitors to draft the order 2 weeks on......

If your partners ex is willing to grant you parental responsibility then this can be done through a parental responsibility agreement which must be filed at the courts. Failing that, you can apply to the courts for a removal from jurisdiction order, and/or a residency order for yourself which would grant you the equivalent of parental responsibility. It all depends on how amenable the ex is.

Hope this helps, and very best of luck
Niki

JAJ

Was he married to the mother, or does he otherwise have parental responsibility?

erco

no. they werent married. saw a solicitor but that was about as much use as an ash tray on a motorbike

thanks all for the help you know more than paying a solicitor and if you could send me a link or page for that form id be much obliged.

thnaks once again

wayne and caroline

NikiL

http://www.hmcourts-service.gov.uk/c...cpra2_1205.pdf

JAJ

Take a look at:
http://britishexpats.com/wiki/Child_...an_Immigration

Was the solicitor an accredited family law solicitor and did you pay for professional assistance? (as opposed to a quick phone call).

If yes to both then a complaint to the Law Society may be in order, if no, then maybe find a different solicitor.