flanagaj

I thought that now all the meds were done it would be plain sailing, but according to my solicitor it is not the case. She says that as Child is 17 we will be breaking the law if we go to Australia with her as we are leaving the country for more than 28 days. I have tried to argue that we might be breaking the law, but in reality who is going to take us to court over it when the 17 year old is wanting to go. Absent Father has not seen said Step Daughter for 2 years and they have never had a good relationship so even if we do go her views will take precedence over any of the Parents and surely that is the end of that ?

So, I think I am going to bin the Solicitor and do the Stat Dec myself. Anyone have a sample stat dec that I can use as a template ?

I printed off the Twiki link regarding 16/17 year olds and she said that she had never heard of the section relating to the Childrens Act.

Any help once again welcomed.

Thanks

louie

And it didn't occur to her to look it up? Seems to me you need a solicitor who knows what he or she is talking about.

Hopefully someone else will be able to suggest someone who does.

flanagaj

That would be most useful if anyone could recommend another solicitor

JAJ

First question to ask any solicitor is how much he or she deals in family law (not every solicitor does) ... if the answer comes back as positive and then solicitor doesn't know basic stuff like this, there would be questions to be asked about professional competence.

Also see (for England and Wales):
http://www.lawsociety.org.uk/choosin...specialise.law

flanagaj

The solicitor in question is a family solicitor, but she says she has no experience of issues relating to migration. So would you suggest an immigration lawyer is a better bet than family.

If it does come to it, would the co give us time to obtain a court order granting her permission to leave the uk ?

Fly Away

It is my understanding that UK law regarding this does not pertain to children over 16. If the CO is asking for a court order, they may only need a letter from a solicitor making it clear that under UK law the absent father has no say in the life of a 17 year old.

However I am no expert so you must check this out.

JAJ

Once again. (this really is basic stuff).

Your solicitor does not need to worry about migration. Read the wiki article again, it is 100% clear that Australia recognises UK law.

Courts usually refuse to get involved with 16 and 17 year olds, it's all in the Children Act and the solicitor ought to know this. If a family law solicitor does not know the Children Act in substantial detail, then there is a problem.

flanagaj

The Twiki is not very clear when it comes to issues involving a Child over 16 who's absent Parent has Parental Responsibility. The article states that the court WOULD not make a section 8 order for a Child over 16, it does not mention whether an existing section 8 order would be endforced once the Child reaches 16 ?

JAJ

Section 9 of the Children Act 1989:
http://www.opsi.gov.uk/acts/acts1989...3#pt2-pb1-l1g9


(6) No court shall make any section 8 order which is to have effect for a period which will end after the child has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

(7) No court shall make any section 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

Section 8 orders should have expired by the time child is 16.

flanagaj

i will investigate this and get a letter from the Solicitor explaining this. Sometimes I think Solicitors complicate matters just so they get your business

NikiL

It would be a very rare circumstance that a court would amend a residency order after the age of 16, due the sections in the Childrens Act that JAJ has singled out.

Try a migration agent if you get no joy with DIAC direct, they'd probably cost you a lot less for this than a solicitor would.