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Old 03-05-2008, 12:58 PM   #1 (permalink)
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Ex husbands

Could anyone advise me of the process regarding emigrating to Oz and getting permission from an ex husband to agree!! My partner has been offered a job in Adelaide but after initially saying he would not stop us my ex has now said that he needs to sign something and has not yet agreed to do that. If it goes to court any idea on cost? and general process, do they ever say NO!!!! Help

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Old 03-05-2008, 01:15 PM   #2 (permalink)
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Hi,
You would need your ex to sign a stat dec (we actually had an agreement drawn up by a solicitor which stated that my youngest daughter could reside with me anywhere in the world out of the duristriction of england and wales-an agreement is slightly different as you can both add in bits as long as you both agree) immigration were fine with the agreement i had as they are a stat dec. Not sure on court costs, but i do know depending on the age of the child sometimes the court will listen to the childs views & wishes.
Never heard of anyone being refused by a judge but guess theres always a risk abit like applying for a migration visa - nothing set in stone untill its approved
good luck
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Old 03-05-2008, 01:17 PM   #3 (permalink)
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Hi
If you mean permission to take children he needs to sign a statutory declaration saying he is the father and agrees for child to migrate to austrailia with mother and become an ausrailian citizen has to be witnessed/signed and sealed by solicitor/public notary. He needs Id as passport/driving liscence.
If he doesn't agree you would need to go to court, I don't know anything about this but someone on here might.
Good Luck
Brenda
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Old 03-05-2008, 01:51 PM   #4 (permalink)
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Quote:
Originally Posted by the ps View Post
Hi
If you mean permission to take children he needs to sign a statutory declaration saying he is the father and agrees for child to migrate to austrailia with mother and become an ausrailian citizen has to be witnessed/signed and sealed by solicitor/public notary. He needs Id as passport/driving liscence.
If he doesn't agree you would need to go to court, I don't know anything about this but someone on here might.
Good Luck
Brenda
Brenda, you can also use an agreement which is an offical document drawn up by a solicitor too (have done this on a spouse visa) a valid court order which permits the child to be removed from the childs home country or if the sponsor has residence order contact order or care order - it real is quite an easy process (but can be stressfull depending on what type of ex you have)
good luck
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Old 08-05-2008, 08:09 PM   #5 (permalink)
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Smile Keep looking, if you need advice.

Hi there,

There is so many post on here regarding dealing with children when moving to Australia with out their Dads. It can be a very delicate subject and must be handled with a great deal of care.

I believe that you will only get one chance to do it right(??) I am taking my son out to WA in the summer for a holiday. Hopefully this will help him make the decision as to whether it is for him. He is twelve and I do not want to force him to do anything that he doesn't want to do. Hopefully a month in the sun might help! As after all he will be leaving his Dad behind in the UK.

Good luck
L
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Old 03-06-2008, 10:52 AM   #6 (permalink)
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I am dealing with this myself at the moment...he is hopefully going to sign the stat doc written by my solicitor. If however he doesn't I have been advised that going to court can take 6-9 months and around £3000.

Hope this helps and best of luck.
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Old 03-06-2008, 01:41 PM   #7 (permalink)
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Hi guys
Does anyone know if getting something signed through a solicitor applies even if you were not married? I know sometimes certain rules apply to people who were married and not to others. My daughters dad is happy for us to go and there won't be any problems with him signing something but after reading these threads am wondering if i need to be contacting a solicitor. Also any idea on how much this statutory decloration will cost?

Emma.
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Old 03-06-2008, 02:39 PM   #8 (permalink)
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Hi guys
Does anyone know if getting something signed through a solicitor applies even if you were not married? I know sometimes certain rules apply to people who were married and not to others. My daughters dad is happy for us to go and there won't be any problems with him signing something but after reading these threads am wondering if i need to be contacting a solicitor. Also any idea on how much this statutory decloration will cost?

Emma.
yes if he has parental responsibility he needs to sign regardless of marriage status in the past. If no PR then u need a stat delaration that you have sole responsibilty your solicitor can do this too.

I have 2 children from past relationships, this is what i need to do for both as one father has PR and one doesnt.

hope this helps
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Old 03-06-2008, 05:35 PM   #9 (permalink)
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Originally Posted by amazingnewlifeahead View Post
yes if he has parental responsibility he needs to sign regardless of marriage status in the past. If no PR then u need a stat delaration that you have sole responsibilty your solicitor can do this too.

I have 2 children from past relationships, this is what i need to do for both as one father has PR and one doesnt.

hope this helps
Thats great thanks, he doesn't have PR so i will contact a solicitor about a stat declaration.
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Old 04-06-2008, 06:55 AM   #10 (permalink)
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Originally Posted by Aussie girl wanna be View Post
Hi there,

There is so many post on here regarding dealing with children when moving to Australia with out their Dads. It can be a very delicate subject and must be handled with a great deal of care.

I believe that you will only get one chance to do it right(??) I am taking my son out to WA in the summer for a holiday. Hopefully this will help him make the decision as to whether it is for him. He is twelve and I do not want to force him to do anything that he doesn't want to do. Hopefully a month in the sun might help! As after all he will be leaving his Dad behind in the UK.

Good luck
L
I admire that response Aussie girl wanna be....as a Dad who isn't getting to see his children at the moment & they live in the same city, let alone country thats a good approach to take with your child.

wish you all the best
cheers
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