Ex husbands permission!

millydream · 16-04-2008, 08:49 AM

Hi everyone, Has anybody else had to get permission from an ex to take the kids to OZ, I know it has to be done and have know idea what his reaction will be. Jekyl and Hyde to put it mildly. But can anyone tell me how they went about it. Is there a certain form that needs signing? Is it done by certain people?
Sorry somtimes just dont know where to start.

TheArmChairDetective · 16-04-2008, 09:18 AM

I'm not an expert here but you will need to speak to your solicitor.
The one that carried out the divorce would be easier as they would have the papers. That's if it's an ex husband you are referring to of course.

Who has lawful care of the children? I take it it's you? What legal access was granted to your ex?

What foreign travel permissions were agreeed previously, if at all?

I think I would be sorting out the legal side of things before broaching the subject with your ex if you think he might be explosive about it.

Good luck and keep us posted, if only for moral support.

Sharon & Mike · 16-04-2008, 09:31 AM

Hi, there is a form, and yes he needs to sign it. Fortunately I get on with my ex and he signed no problem. He needs to sign it and get it witnessed. I have sole custody of my two girls and he has regular access, but we still had to get his permission, bizzar when I have sole custody but its part of the process unfortunately, so good luck with that.

I hope it goes smoothly for you, I told him we were going well in advance of starting the visa process so it wasnt a shock when I produced the papers.

Take care.

Sharon

ali · 16-04-2008, 09:32 AM

You need to get written permission from your ex that they consent to taking the child(ren) out of the country to live. Their signiture has to be witnessed (I think by a solicitor) and they have to produce their passport (so they can prove who they say they are). If your ex refuses then you will have to look at going to court - some people have done this by applying to family court themselves. I believe you really have to do your homework, research Aus, schools etc., and put a case as to why it would be better for the child to live there. The court will need to know the level of contact your child has with the other parent, etc.,

Do a search of old threads - there's lots of people who have gone through a similar thing.

Ali

rach28 · 16-04-2008, 09:33 AM

Hi ive looked into this as my eldest daughter is to a previous relationship. her father has pr granted through the courts. I was advised the sooner you aproach the father the better as the documents need to be put in with your visa. If the father agrees which my ex did then all you need is a letter on solicitors headed paper basicaly saying he agrees to allowing you to take child out of the country. If he doesnt agree then the other option is to go to your local family court. In which you would need a judge to grant you an order to take the child out of the country. you would have to appeal to the judge and prove that it is in your childs best intrest that you move. If the father does not have much contact with the child then it would also be in your favour. You may find it a struggle if the father has regular contact with the child and plays a large role in their lives. So for example if they have shared care. I wasnt sure how ex would react so was thinking i would have to go court. If you would like if you pm me with the access arangment you have with your ex and what if any court orders you have in place i would more than happily let you know.

Stuju · 16-04-2008, 11:46 AM

I applied on shore in Oz and migration insisted that i had a document drawn up by a solicitor which my ex had to sign and also migration wanted a certifed copy of my ex hubbys passport too - make sure you get up to date papers as i had a legal document drawn up in 2003 which ex had signed to say that i could take my youngest daughter (only one under 16) out of the juristriction of england and wales to reside with me anywhere in the world and applied for visa in 2006 and that was too old for migration (but i guess you will have up to date docs as you are now only applying
all the best

millydream · 16-04-2008, 12:33 PM

Thanks everyone, I've just spoken to my ex on the phone, Just casually ran it by him. Said it wouldn't be for a year or so. That being if we get visa etc. And he said he wouldn't stop me. Wished i would wait longer so my son could stay behind. I said that would defeat the reason for going really, giving the kids a better childhood. But as long as he doesn't change his mind in the next 6 mnths it may be quite simple then. Cross fingers.

Thanks again for your reply's guys.xxx