Quote:
Originally Posted by tracy.grinsell
Hi
We are coming out on a 457 visa and thought it would take 4-6 months, but my oh has been asked to start work in jan 2008. My ex signed a stat declaration giving me permision to take children out to oz, and now it looks like we will be going a bit later in jan. He thinks ive tricked him but i had no idea myself and he is now saying he is going to stop the children and myself from going ( baring in mind i am no longer married to him), until april, which would not work. Its making the children very upset and me ill,can he do this. Any advice would truly be grateful.  |
Assuming his name is on the birth certificate and or you were married and they are his biological children he unfortunately can do a lot to make things difficult. A stat dec in some cases is not be worth the paper its written on as it can be withdrawn at the last minute if he so wished. If he is on the BC or you were married the only absolute sure fire way to be able to take the kids without further interference is by going to court. You do not ahve to do this through a solicitor if you are in england. I understand it can be done for about £150 through the family court and if you contact your local one they will give you the forms. In the meantime you need to amass all the info you can baout childrens current schooling, welfare etc in addition to all the info you can about where you are going schools, lifestyle opporutnities housing etc etc so as to prove to the judge that them going is best for them. I have yet to see a post where a judge has said no to the kids being taken you just have to have your ducks in a row. There are posts on here form around the time I joined on this very subject with people who went throught the courts on their own for this very thing and how to do it. Try searching children/divorce/ parental responsibility etc
http://www.pomsinoz.com/forum/genera...ld-abroad.html
and here
http://www.pomsinoz.com/forum/genera...ke-him-oz.html
try pming some of the people - hope it helps and best of luck!!:)