Hi has anyone out there experienced any difficulties emigrating with children as my partner has split up from the childrens father some 5 years ago ,we have a child together 16 mths , the children in question are 11 and the other is 15 it is our intentions of moving to brisbane in 09 we have our visas etc .Our house is on the market ,then rent before we go .but we feel there is going to be a battle ahead . any feedback would be appreciated thanks jason
I moved to oz with one of my daughters (12 at the time) from my previous marriage - my 2 other daughters have stayed in the uk.
You do have to obtain a stat dec or court papers from your partners ex to allow the children to migrate (immi will want this) i am quite sure it only applies up to the age of 16.
Also any children that are not migrating (under 18) will have to have a medical done in the uk
(my middle daughter who was 16 when we left the uk - did not come with us to oz and had to have a medical done - my oldest daughter at that time was 18 and didnt have to have a medical)
Hopefully you will be able to obtain all the papers you need without too much hassle (after a bitter divorce i was suprized that my ex agreed and cooperated so eaisly)
From posts i recall on this site in the past - there are quite a few peeps who have been in this same boat and im sure you will get lots of advice.
Wishing you all the best
gizmo
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My partner has a 7yr old from a previous relationship and I have since taken him on and brought him up for the last 5yrs. His real Dad has since p***ed off to spain and living there now and we intend to marry this year and hopefully get out to oz in maybe 18mths. Anyone have any idea's on where we stand? It's all so tiring, his dad dont really give a monkies bout him, but he would given the chance try and ruin our dream!!
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You'll need to make an effor to contact him for his permission - it may be wise to do this through a solicitor then they can do a stat dec for you saying that they've tried to get in touch with him and have been unable to do so.
It's a lot of hassle and as Giz says quite a few members have been faced with this in one form or another and have managed to overcome it - so don't despair there is a way.
Ali
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the easiest way
Am sure if you play it by the book you can achieve your goal, alternatively.....
Achieve full custody? cancel his csa payments (if any) allow him access to the children, yunno maybe 'convenient' days like Mon- Fri if he works, sat-sun if not. then say that he fails to meet these arrangements, then through a solicitor apply for full custody, maybe even adoption, in the kids best interests?
I am 21 i am sure i might of over looked a detail/s but my partner is 37 with a 17 year old son, to a previous partner obviously and this was on the cards for us a few months ago.
I was advised to do this, so it might be worth keeping in the back of your mind?
If the Father has any contact currently - expect a huge fight ahead. Either way permission will still need to be sought and will have to be done through the courts..if not and he gets wind of this he can order you back into the coutry through the court system.
hi donna here i am planning to move next year with my son 2 aus my ex has to give me written agreement to take him out country if he doesnt we will have to have a lenthy court battle ahead and we werent even married he only sees him at weekends soz but hope that lets you know what to do.Best of luck
hi i am currently trying to move you need written agreement to take your child out country from him even if your not married if he doesnt agree court is the next step as i am having to go down that route .my son only sees his dad at weekends its so unfair but its law.donna x
Hi there, we to are in a similiar situation, I have three children from a previous marriage, although my Ex does not have no contact with my children, he owes me at least £7,000 in mantainence, but he keeps on changing addresses and by the looks of it jobs aswell. I now have to go and hire a private investigator because what i have been adviced is that you have to show to a court that you have tried your best to find him. I think this stinks cause it is going to cost me money which i simply do not have, not to mention time. I am applying for a 175 visa and my agent is suggesting we have 3-4 months to provide this information for the visa. Its something else on top of the rest of the stress trying to emigrate, but hopefully i shall look back on this and laugh.
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Hi guys, i consulted a family law lawyer recently at a pricely sum and was given this info;
IRRELEVANT OF WHETHER THE PARENTS HAVE BEEN MARRIED IF EITHER PARENT WISHES TO REMOVE THEIR CHILD FROM THE COUNTRY OF RESIDENCE THEY MUST OBTAIN WRITTEN PERMISSION FROM THE OTHER PARENT. THIS SHOULD BE DRAWN UP BY A LAWYER IN THE FORM OF A LEGAL STAT DECL. IN THE UK THE AGE LIMIT IS 16 BUT IN AUS THE AGE LIMIT IS 18 AND THIS IS THE AGE YOU MUST GO BY AS ITS THE COUNTRY YOU ARE ENTERING WHO HAS THE UPPER HAND IN LAW IF YOU LIKE. IRRELEVANT OF HOW OFTEN YOUR CHILD SEES THEIR PARENT YOU MUST STILL ENSURE TO MAKE ALL REASONABLE ATTEMPTS TO CONTACT THE OTHER PARENT, IF YOU CAN PROVE YOU HAVE TRIED AND FAILED THEN A COURT CAN DRAW UP THE STAT DEC. BUT IF ON THE UNFORTUNATE HAND YOUR PARTNER REFUSES YOU YOUR NEXT OPTION IS COURT, BEWARE THIS IS AN EXPENSIVE OPTION, WE WERE QUOTED NO CHANGE FROM £5000!! AND STILL NO GUARNTEE THE JUDGE WILL SIDE WITH YOU, THE OPTION OF JUST TAKING YOUR CHILD ISNT AN OPTION! I DID PUT THIS TO MY LAWYER, THE OTHER PARENT WILL HAVE YOU BACK WITHIN 3 WEEKS!! BUT THERE ARE OTHER "TACTICS" AVAILABLE ALL SITUS R DIFFERENT GOODLUCK ALL
the easiest way
