Beccie

Hi,

Does anyone know if a residents order and prohibited steps order is enough to grant a visa for my son without contacting his father.

My son has had no contact with his father since he was 2 years old, he will be 16 in December and we got both the above orders as a precaution.

Any advice would be appreciated.

Beccie

lee on solent

Hi,
i am no expert but from what i have read on forums,you wont need his permission.good luck
Myrtle,Tony,Callum

scrum

If you contact Beth&Andrew on the Sept thread she should be able to answer your questions for you.

Just have a look for a post by her and either send her a PM or an email.

Tell here Trish said to get in contact. She normal like us and won't mind but will give you any help she can.

Good luck

Trish

JAJ

Neither give you the right to remove a child from the U.K. so the short answer is no, not enough in themselves. The prohibited steps order may mean that a court would be prepared to give a court order without reference to the other parent.

However, in the United Kingdom, children aged 16 and 17 are usually free to decide themselves where they want to live. Australian law states clearly that the law of the child's country of residence should apply, but many case officers (and agents) don't understand this and just blindly ask for a court order.

So you need to be up-front and get a good family law solicitor in the U.K. to write to DIAC about how British law does not restrict 16-17 year old children from leaving the country.

If you check the wording of the residence order and prohibited steps order, you should find they expire when the child turns 16. (not 18).

Beccie

Thanks for the advice Trish I will do that

Beccie

Thanks everyone for your help and advice.
Beccie

GillB

Hello from a newbie

We are in the process of getting legal parental rights for our foster son(7)
If we get that(almost certainly) and also ask the court to permit emmigration would that be satisfactory?

Also he has visual impairment and global delay.

OH is at the stage of getting references taken up for government post in WA
We have been given details of relocation package and insurance docs etc.

Does the fact that our foster son have some disabilites mean that we could be refused due to medical reasons.

Job applied for is Chief Gas Inspector for WA

Gill X

JAJ

Do you mean adoption? If not, then what exactly do you mean?
What country are you in?


If he becomes a member of your family unit for migration purposes - yes.

Get some good professional assistance - urgently.

GillB

We live in Scotland and have Fostered our son for 5 years. We are going for a section 11 which under Scottish law gives us total Legal parental rights and responsibilities. The order would also remove his birth mother's rights. She has not contacted him for all that time. We are pursuing this regardless of job offer and have been in the process of doing so for over two years!

The difference between section 11 and Adoption is that if both OH and I die with section 11 he would revert to being Edinburgh Councils responsibility instead of our own children. Also they will continue to financially support us having him until he is 18.

So we definitly our not doing this for immigration purposes!!
Gill x

lyndhurst

Hi Beccie

iv sent you a PM

cheryl xx

welshtony

I have never come accross this before and, as Jeremy advised, you should seek the advice of a family law expert in Scotland. Logic says you may need some permission from the Council as it looks like they will still have some responsibility for the child and they may recommend full adoption if you intend to migrate to another Country.

Regards


Tony Coates
MARN 0635896