Folinskyinla

Hi:

Hmm, interesting. Again, I don't know Australian law -- however, I know that under US practice in several different areas, that answer would NOT be accepted. For example, if one gets government benefits for the child, the government likes to get reimbursed and Mom's statement of "I don't know" usually doesn't cut it. Really.

The child may complicate things quite a bit. Or not. But I would worry. And Australian law may complicate the issues under AMERICAN law. You may want to look into the Australian legal issues first.

playingdiva

I just sent an email to the US consulate in Sydney inquiring about it. I dont know what else i can do about it. I mean, I dont know who he is... I dont even know him by his real name lol, only by a nickname that his friends called him. I had no boyfriend at the time, Only my name is on my sons birth certificate.

I guess i will just wait to see what the US consulate reply.

Editing to add- My sister has a 1.5yr old, she knows the father but there is no legal agreement between them. She was wanting to move to the UK and she spoke to someone from legal aid and they told her she could do so as there was no legal agreement between her and her babys father. Perhaps i should give legal aid a call and ask about it? Atleast if there is anything i need to do prior to DCF, i have about 9 months to get it out of the way.

Just Jenney

Hi PD -- I remember you from the LYC forum. I told you that you'd get more feedback here, didn't I?

As for your child's situation, I would definitely go a step further and seek actual legal advice. It's been discussed on this forum many times before that the US government (its officials, that is) can actually give you WRONG advice and, if so, they are not held accountable for it. If they give you incorrect information and you act on it and get screwed, well, you're just screwed. Consulting an attorney with experience in international child custody issues would be better than relying on anything the US government tells you. I know that sounds contrary to what one would think, but it's true.

As for your sister's child's situation, I'm no lawyer or anything, but I would think that the LACK of a legal agreement would make it even MORE important to HAVE one. I mean, imagine if she moves to the UK with her child, and the father then says, "Hey, wait a minute -- we never had any agreement which said she could do that!" Common sense tells me that his argument would carry more weight than hers, which would be, "I can take the child anywhere I want to because there's no agreement in place." Just a layperson's point of view, mind you.

~ Jenney

playingdiva

Hi Jenney,
Thanks for pointing me in the right direction Im getting alot more feedback here!

I think i will make a few call today to see what i can find out.

Damn obstacles lol. Everything looks so smooth and easy and then something else comes up...

playingdiva

Alrighty, Update...

I just called a migration attorney and asked him about it and he said that because its only my name on the birth certificate i have no problems as i have full custody

Seriously so relieved now!!

playingdiva

Im just wondering, How far in advance should we make our appointment at the melbourne consulate to file our I-130?

I mean we are thinking that since there is like 1 day out of the month to do this, It would be good to get in early before all of the appointments are taken.

Its the last wednesday of each month so we are looking at the 29th August 2007.

andrea874

You might want to check that with a family lawyer or something of the sort as well...

playingdiva

I spoke to an immigration lawyer and also recieved an email back from the US consulate in Sydney that said the same thing. So im pretty sure its correct infomation, hearing it from two places. But i might give a family lawyer a call to just triple check. I feel confident though.

andrea874

I would if I were you, definately. I dont know whats right either way, but I just know that I would hate to go through everything and then find out I missed a step. The US Consulate probably doesn't really know, and there's no real reason that an immigration lawyer should know either. Might as well be super sure with someone who knows tons about family law around your parts, right?

playingdiva

I would say that the info i got from the other 2 place were correct, its pretty obvious really.

I just called a family law firm and they seemed confussed as to why i was asking that question if there was no father involved. Because if there is no father, there isnt anyone to stop me... Therefore no case...

Bob

because your dealing with US immigration and they don't want to get involved with an international incident, so they'll want proof your allowed to take the kid abroad....perhaps get some sort of letter from the lawyer would help, I don't know.