louisew Posted January 4, 2016 Share Posted January 4, 2016 Hi, We are from the UK, and my partner has been offered a job in Australia, and we plan for myself and my 6 year old daughter to join him. However my daughter is from another father who has had no contact with her and he is based around 300 miles from us. From what i am aware of, we need her biological fathers consent to grant her a VISA, or go through the courts. If i can get his consent, is it just a case of him signing a form (from what i have found online on the border.gov.au site Consent to grant an Australian visa) and sending it back to us, or do we need to get a solicitor involved and witnesses etc. If we do need solicitors, are there any requirements to which firm, and/or any recommendations? Many thanks, Louise. Quote Link to comment Share on other sites More sharing options...
CaptainC Posted January 4, 2016 Share Posted January 4, 2016 If you can obtain the consent then you will need to have the father sign https://www.border.gov.au/forms/Documents/1229.pdf You don't need witnesses or involve solicitors for this part although it might be cheaper to ask a local solicitor to your ex to facilitate the signing of the document to save you a 600 mile round trip. You will need to get a certified copy of the fathers passport for signature verification. If you cannot obtain consent then you will need to obtain a court order to allow you to remove the child from jurisdiction, this is a very long winded affair and can be quite distressing (I had to go down this route myself) Quote Link to comment Share on other sites More sharing options...
Major Tom Posted January 4, 2016 Share Posted January 4, 2016 Currently going through the C100 Court process, got final hearing on 4th Feb, if I can help whilst it's fresh in my mind, please don't hesitate to message me anytime. Quote Link to comment Share on other sites More sharing options...
missmoffitt Posted January 5, 2016 Share Posted January 5, 2016 Currently going through the C100 Court process, got final hearing on 4th Feb, if I can help whilst it's fresh in my mind, please don't hesitate to message me anytime. I have just given my ex the 1229 form to sign and waiting for it to come back. If he doesn't sign I shall be applying to the courts myself and not using a solicitor. Family court is very laid back and if you believe in your decision then you are the best person to advocate for that. My divorce was really messy and I ran out of money so ended up self repping. The judge had more respect for me I think as I fought like a trooper to get the best for my kids. I am doing the same again and if it ends up a fight, I am ready. Make sure you have all the information and plans to hand so the judge knows you have researched the move in the childs interest not just your own. I have researched schools, university, extra curriculum and pastoral support for the kids. Good luck Quote Link to comment Share on other sites More sharing options...
tina0101 Posted January 6, 2016 Share Posted January 6, 2016 My son's biological father is not on the birth certificate and we only needed a Stat Dec drawn up by our solicitor. Quote Link to comment Share on other sites More sharing options...
louisew Posted January 25, 2016 Author Share Posted January 25, 2016 Thanks for the all the advice We have tried to send the 1229 form to him twice, he signed for them and has ignored them. So we are now looking into the C100 process. Does anyone have any advice on how to progress with this? Thanks, Louise Quote Link to comment Share on other sites More sharing options...
CaptainC Posted January 25, 2016 Share Posted January 25, 2016 Thanks for the all the advice We have tried to send the 1229 form to him twice, he signed for them and has ignored them. So we are now looking into the C100 process. Does anyone have any advice on how to progress with this? Thanks, Louise This is the tricky bit. You'll need to apply for a specific issue order to allow you to remove the child from the jurisdiction. You'll need a hell of a lot of evidence to prove that the child will not suffer any loss by the move. If there is no contact between the child and father then it might be fairly straightforward, but if there has been sone contact, however little or infrequent then it will be more difficult. The form C100 is available for download on the Internet, and you can go it alone, but I would strongly recommend seeing a solicitor to help you through this. I've been through this and it really isn't for the faint hearted. Quote Link to comment Share on other sites More sharing options...
CaptainC Posted January 25, 2016 Share Posted January 25, 2016 Added: I have just learned that you are now legally required to attempt mediation first. Here is the c100 and you'll see that it says that right at the top of the form http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf Quote Link to comment Share on other sites More sharing options...
JEM44 Posted January 25, 2016 Share Posted January 25, 2016 Thanks for the all the advice We have tried to send the 1229 form to him twice, he signed for them and has ignored them. So we are now looking into the C100 process. Does anyone have any advice on how to progress with this? Thanks, Louise hi, I had to go down this route, kids father had no contact for 4 plus years but still wouldn't sign, apparently to be (in his words) awkward and cost me as much money as possible. I self represented so it only cost the price of lodging the form to court. I had a ton of evidence to support my claim, jobs, schools, houses, clubs, contact etc.... The he judge was not interested, we were in court for about five minutes, is there contact? No. Ok, approved! you can do it, just be prepared, be honest and ready to answer any questions they may have about how you will facilitate contact, even if you think it won't happen. Goodluck. Laura Quote Link to comment Share on other sites More sharing options...
Major Tom Posted January 25, 2016 Share Posted January 25, 2016 (edited) Exactly the same with us, we self represented, one hearing was a cock up as they lost the paperwork and put us back a month, but 4th Feb is the final hearing, we've had some valuable advise from very knowledgable people on here, gave us confidence to take it on ourselves, plus the Cafcass report came back glowing in our favour. Good luck, MT Edited January 25, 2016 by Major Tom Quote Link to comment Share on other sites More sharing options...
jamesandsarah Posted February 7, 2016 Share Posted February 7, 2016 Hi all, Sorry to hijack the thread - but we are going through the same issues. I have a 17 and 14 year old. Not seen Biological father since 2005. Contact order in place stating indirect contact only (i.e.; letters etc). My ex refuses to consent to me taking the children to Oz. The children are meeting with the mediation service tomorrow afternoon. Any ideas what we can expect? I don't think for a second he'll change his mind though so we will probably have to go to court.... Quote Link to comment Share on other sites More sharing options...
jodipodi Posted February 7, 2016 Share Posted February 7, 2016 (edited) Hi all, Sorry to hijack the thread - but we are going through the same issues. I have a 17 and 14 year old. Not seen Biological father since 2005. Contact order in place stating indirect contact only (i.e.; letters etc). My ex refuses to consent to me taking the children to Oz. The children are meeting with the mediation service tomorrow afternoon. Any ideas what we can expect? I don't think for a second he'll change his mind though so we will probably have to go to court.... I think if the kids want to go the likelihood is that the court will grant permission due to the age of the children.... They are more capable of making decisions for themselves around that age. At 17 in the UK I believe you should not require permission from anyone anyway as the child Abduction laws /Hague convention does not apply after age 16. Finding a decent family law solicitor who are specialists in dealing with UK /Australia immigration laws will confirm this. Good luck I'm sure it'll be fine x Edited February 7, 2016 by jodipodi Quote Link to comment Share on other sites More sharing options...
jodipodi Posted February 8, 2016 Share Posted February 8, 2016 (edited) I'd just like to put some information out for anyone in a situation where they wish to take a 16 year old with them......after getting an initial response from my local family law solicitor - which I believed to be incorrect- I went to a solicitor who specialises in child abduction and immigration and was told below : IN terms of the Hague convention (of which Australia and GB are both members) does not apply to young people of 16 or over. The criminal law - Child Abduction Act 1984 also requires the young person to be under 16 before it has any effect – Section 1(1) . I understand many people being informed that they require permission until 18.....I will keep you updated to let you know this solicitors details once I confirm they are able to provide a legal statement detailing what they have said to me for DIAC satisfaction. I am in no way a legal specialist, but I believe this means you can emigrate with a 16 year old without needing any permission from a court or other parent. I will update when I hear back. Good luck x Edited February 8, 2016 by jodipodi Quote Link to comment Share on other sites More sharing options...
Isabelj28 Posted February 8, 2016 Share Posted February 8, 2016 (edited) I'd just like to put some information out for anyone in a situation where they wish to take a 16 year old with them......after getting an initial response from my local family law solicitor - which I believed to be incorrect- I went to a solicitor who specialises in child abduction and immigration and was told below : IN terms of the Hague convention (of which Australia and GB are both members) does not apply to young people of 16 or over. The criminal law - Child Abduction Act 1984 also requires the young person to be under 16 before it has any effect – Section 1(1) . I understand many people being informed that they require permission until 18.....I will keep you updated to let you know this solicitors details once I confirm they are able to provide a legal statement detailing what they have said to me for DIAC satisfaction. I am in no way a legal specialist, but I believe this means you can emigrate with a 16 year old without needing any permission from a court or other parent. I will update when I hear back. Good luck x That depends. If the child is a citizen of Oz and has a passport you may be able to immigrate without permission. However, if the child needs a visa, Australian regulations state that the non-immigrating parent must give their consent up until the age of 18, (via for 1229) Not sure about the most recent posters situation but the OP definitely said they needed a visa. So in the absence of that you would need a court order, up until age 18. Individual countries are allowed to have their own rules and regulations independent of the Hagur convention, as long as it doesn't breach it. Edited February 8, 2016 by Isabelj28 Quote Link to comment Share on other sites More sharing options...
jodipodi Posted February 8, 2016 Share Posted February 8, 2016 (edited) That depends. If the child is a citizen of Oz and has a passport you may be able to immigrate without permission. However, if the child needs a visa, Australian regulations state that the non-immigrating parent must give their consent up until the age of 18, (via for 1229) Not sure about the most recent posters situation but the OP definitely said they needed a visa. So in the absence of that you would need a court order, up until age 18. Individual countries are allowed to have their own rules and regulations independent of the Hagur convention, as long as it doesn't breach it. Just going off what I was informed by the specialist solicitor, and the fact that it's the law of the child's home country of residence which should apply, so that is why I believe because UK states the above regarding criminal law and Hague convention child abduction laws (and I say believe meaning I am no way a speialist!) I am still waiting for confirmation of my understanding of what they have stated though but I have been told this before elsewhere too x Edited February 8, 2016 by jodipodi Quote Link to comment Share on other sites More sharing options...
Isabelj28 Posted February 8, 2016 Share Posted February 8, 2016 (edited) Just going off what I was informed by the specialist solicitor, I am still waiting for confirmation of my understanding of what they have stated x Is it an Australian solicitor? It may be worthwhile getting an opinion from a registered migration agent or Australian solicitor as each countries regulations will be quite different. The solicitor has given you advice about The Hague convention and international child abduction which I am sure is correct. However, this relates to Australias own internal regulations for the granting of visas. Edited February 8, 2016 by Isabelj28 Quote Link to comment Share on other sites More sharing options...
jodipodi Posted February 8, 2016 Share Posted February 8, 2016 Sorry isabel I was editing my post as you were typing xx Yes a specialist in child abduction, international issues related, immigration etc etc however no not an Australian solicitor x Quote Link to comment Share on other sites More sharing options...
Isabelj28 Posted February 8, 2016 Share Posted February 8, 2016 Sorry isabel I was editing my post as you were typing xxYes a specialist in child abduction, international issues related, immigration etc etc however no not an Australian solicitor x As I say, I would get advice from an Oz specialist because the law of the home country applies in relation to the addition of children etc... But this relates to the granting of visa, where the law of the country you're immigrating to would apply. Quote Link to comment Share on other sites More sharing options...
jodipodi Posted February 8, 2016 Share Posted February 8, 2016 (edited) If the jurisdiction of which the child is a citizen, or in which the child is usually resident, permits the removal and removal is in the child's best interests that is the end of the matter. I have an Australian migration agent. But above- this is a post from an Australian migration agent on a matter regarding a 16 year old. Australian law. Its not my intention to be argumentative or rude isabel so I sincerely hope you don't take it as that...I just stick to my gut on certain things xx Edited February 8, 2016 by jodipodi Quote Link to comment Share on other sites More sharing options...
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