Just wanted to know if anyone has gone through the courts to get custody of their children so they can bring them to Oz? I'm sure if i remember rightly someone did a while ago now?

My sister has a 1year old and is not with the father anymore but wants to join us in Oz. She hasn't told the father she is thinking about moving over but I'm sure he won't be happy or willing to allow his baby to move to the other side of the world....although he is the type that could be blackmailed with cash?!

He has not gone to the courts for any parental rights so far.

Was it a long upsetting process with a dissapointing ending?.....or have i just answered my own post?!

Bec

I can remember a member as well going through the courts it was a long process but it had a happy ending...can't remember for the life of me though who it was :doh:

I hope your sister has some luck.

Sasha :)

I know there are people on here who have done it - more than one if I remember right, but for the life of me I can't remember who it is now! I'm pretty sure in both cases that I'm thinkig of the outcome was positive. Let's hope you get some useful answers ....

Have you checked on BritishExpats yet? I'm sure there will be loads of people who have done this - and their search engine works ... <_< :lol:

Someone I know left the UK with her son from a previous relationship. The father took her to court to try to stop her from taking him but he lost the case. Hope this gives reassurance.

There was this thread....


http://s2.invisionfree.com/Adelaidebrits/i...wtopic=3130&hl=

That's the one that I recall.

Jan

do you mean that he does not have parental responsiblity?

please note that from dec 2004 if the father is named on the birth certificate, he automatically gains parental responsibility, which changes things slightly, for your sisters situation from a legal angle.

I would take some legal advice on this, most solicitors run free clinics

does he have contact with the child, pay maintenance, what was the background to the relationship etc etc

not sure about a visa application, but any 'court' process gives custody based on the child's best interests

good luck with whatever you decide to do

hi

i'm 16, and my parents, who weren't married, split when i was 5. They both re-married, but my dad never applied for rights or anything, we just had an access agreement between us. Although now i'm 16 he has no rights over me here, in australia he does. When i told him he was less than happy, but i then had to get him to sign something in front of a solicitor to say he agreed to me moving.

We were told a few weeks ago that this might not be enough, and that a court process was likely, but it has since been agreed there shuldn't be any need for this.

check to see if a court process really is nessecary, as if she can get away with a signature like we have it might make life easier.

kim

I have two children from a previous marriage which I have brought with me to live in Australia. My ex signed a Stat dec in front of a solicitor, and this was sent in with our visa application. We got our visa in September last year. If you can get him to agree to you bringing the child out here, its much easier than going through a court, and less stressful. Parental responsibility really is not an issue here. If the ex partner does not agree, then its down to a court of law to decide - thats the way it is.

Just for a little more information in terms of child maintenance, Australia has a reciprical agreement with the Uk and some other countries in terms of applying to the CSA for payment. So if you arrive in oz and he is sending no maintenance to support the child, you can apply to the Australian CSA for maintenance, if he disagrees, then its deal with through the international legal system - ie its forwarded to an magistrates court where the case is heard - no costs incurred.

If you want any further advice, dont hesitate to pm me, I will try and help you best way I can, having been through this myself.

I agree. I actually drafted a letter for Chloe's dad to sign to say he agreed with me taking her to Australia and got him to sign it, I sent this and a certified copy of his passport with the visa application and it was accepted. Don't get me wrong he wasn't happy about it all but I thought it was less stressful on everyone just getting something ready for him to sign.

To make it easier for Chloe having to leave her dad I also told her that he was welcome to stay with us anytime he wanted to come and see her - which he did for 3 and half weeks at Christmas. It was good for him to see what sort of lifestyle she has here compared to back in UK and although they obviously miss each other like mad he thinks she would be crazy to want to go back.

It's obviously a very sensitive one to deal with so best of luck.

Jo

i agree it would be down to a court to decide, so PR is an issue as it lends itself to the process in determining what is in the child's best interests.

A colleague of mine remarried and applied to emigrate to perth. Her ex but father of her son objected and it went to court. She recorded all the contact he had with his son, all the opportunities to spend time with his son he'd cancelled at last minute etc and how she had never received regular maintenance from her ex for her son.

The court decided in her favour but she did have to agree that her ex could have access if he visited OZ and also arrange for her son to visit his dad in UK during school holiday if this is what her son wanted.

Definitely check out britexpat site as there were several people with this issue.

Ali

hi Bec,
ive just been through the process.
First of all let me tell you, the stat dec isnt worth the paper its written on as it can be withdrawn at anytime as mine was leaving me up the proverbial creek.
The immigration authourities will accept a stat dec for the visa application though.
The only way to do it properly is to apply to the courts for permission to remove the child from the uk. Obviously the father can come and object but the judge will ultimately say yes or no. The decision will always be in the childs best interest. In my case my daughter was 11 and had her say taken into account. She wanted to be with me in oz, and, as we all know its going to be better for her.
The down side of all this is the expense (about £2500) and also the agreement drawn up has to be mirrored in oz. The down side of the mirror order in oz is you have to be there to sign it. (excuse for a holiday) ;) This includes contact for the child via phone/text/email etc. and visit rights. This all caused my application to drag on for 4 yrs.
Anyway all sorted now, have a new partner, going for her de facto visa.
See you all under there soon :)
good luck
Colin

Hi Bec
Just an add on to my partners reply above, I have a daughter who is 4, her father has no parental responsibility as we werent married and he has had no contact with her since he left me. I considered the stat dec route but decided not to as imagine the heartache of getting the visas only for him to withdraw his consent

So I went through the court order process as well but with the difficulty of him not responding to anything my solicitors sends. :(

Court Order was granted to allow her to go to oz, but with the mirror order for the australian courts, but he didnt sign it, so off back to the courts to have the mirror order removed from the uk court order :doh:

I thought about giving him money to sign the stat dec but he could of withdrawn the stat dec at any point and i could of ended up paying him more and more money, so i went to court but mine bill was cheaper i think, but at least I have the reassurance that the court order cannot be withdrawn. He could take me back to court to have it changed, but the uk courts dont like to be messed about, so they not happy about looking at it again, unless there is a good reason. ;)

Applying for our visas now, hopefully be in oz soon :bouncy:

Sandra :lol2:

I completely agree with this. The channels of communication and opportunity for visits to Australia for the child's father and visits back to UK for the child as much as possible should be allowed.

After all (and I know this isn't the case for everyone) it must be a really difficult decision for some fathers to make to agree to let their child live so far away especially if they've had regular contact.

Also, even if the child wants to come to Australia he/she may still find it hard being away from their father so, in my opinion, it is up to the mum to encourage as much contact as possible.

I know one mum who has refused all contact, even email, now she is here and it is the child who is suffering.


Jo