emjaxred

hi all...im a little confused on taking my 2year old daughter to live in england..im british and moved to qld 7years ago..i am now a single parent after splitting up with my australian boyfriend...can i take my daughter to live in uk..what passport would she need?? i desperately want to go home..any advise please..

Mummy in the foothills

I would think you need to have legal custody of your child with paperwork to support it, or your ex could stop you from removing your child from the country.

Pollyana

The Aussies are very tough on this and you'll almost certainly need to get your ex to agree to it.
Its quite possible your child has dual citizenship, esp with an Aussie father. Stricly speaking she will need an Aussie passport to leave Australia, and you would need to sort out her British citizenship in order for her to enter the UK with no problems as you are intedning to stay, not just visit.

JAJ

This may not be what you want to hear, but you may not be able to remove your child from the jurisdiction without the permission of the other parent or a court order.

Even if the child is a British citizen (child may or may not be), that does not mean you have the right to take child back to Britain.

What is your status in Australia? Are you a permanent resident, or an Australian citizen?

livinginreality

Hi I left Oz 10 years ago with my two Oz born children.I had separated from their aussie father before we left.My Ex-OH had to sign the papers for the kids british passports.Not sure legally what we would of done had he not come to the party?I guess it would of gone to court.Good luck and I hope everything works out for you.

hereandthere

It seems fair though - that the father should have to give his permission. So long as he hadn't been proved to be abusive or negligent he must have some say over a decision like this. Sounds like the OP has some work to do: get passports for the child and get the papers signed by the father.

livinginreality

Totally agree with you there.I'd hate to think how I would of felt had my OH decided to take off O/S without me giving permission for our kids to leave!

emjaxred

hi..i dont have a clue where my daughters dad is he left when she was 3 weeks old..any advise here will be appreciated..can i apply for british passport(by desent) for her???i am at my witts end..how can i get permission if i cant find him..he didnt want anything to do with her but i have no proof of it..all i want to do is go home..thanks everyone who replied

Mummy in the foothills

It sounds like you need to see a lawyer who does custody issues. Have them go to court and get you full physical legal whatever it's called custody as he's abandoned your child (plus never paying child support)
And get your child a UK passport too, you can apply by downloading the forms.

Victor Meldrew

I don't know anything really about this situation, but have you thought of going to the nearest British Embassy and/or Australian Embassy.

I would have thought they have experts there who could give you up to date accurate advice.

Don't you have any idea where the father is? don't you even know which town/city/area he is currently?

I would imagine that you may have to make some attempts to locate him, in order to get his agreement, but again, am not sure.

Good luck with your quest

JAJ

The advice would be "find a lawyer".

penguinsix

Yea, ditto. As much of a pain this might be, you're in an area of law that isn't a DIY project / find a form on the Internet. You're going to need to establish full and sole custody legally (if you haven't already). This may require an actual search for the father by a lawyer's investigator, combing legal records around the country in an attempt to serve papers on him, etc.

Of course if he raises a stink, you can sue for 7 years worth of child support payments.

But you are going to need some professional help on this.

ellabon

I have a question.

Is the fathers name on the Birth Certificate? If not would you need to have his permission to apply for a passport/leave the country?