Hi There
I am looking for some advice, guidance or experiences from people who are or were in a similar position.
My wife has a son from her past relationship and our boys biological father has not seen his son in over six years, his choice! The child was born before December 2003 and although the fathers name is on the birth certificate Scottish Law states that he has no parental rights.
The childs biological father has never provided financial support through CSA or other means and has never attempted to maintain contact or lodge a court order for rights. We do not know the biological fathers whereabouts and to be honest wish not to contact him as he was violent to my wife, is an unsavoury character and for the risk of him attempting to be difficult. We would be confident that the court would see in our favour as we have a daughter together also and we are very much a family unit where I have dedicated my time to our boy through teaching him to ski, coaching his football team and general dad duties however we would like to advoid courts altogether due to cost and time.
I have been offered a job where I would be travelling out on a 457 Visa and very much under way with regards to the Visa process with the emigration agent advising my potential employer of an expected date of first week in July for approval. However only today recieved an e-mail requesting copies of the childrens birth certificates and also if the children are from previous relationships then either a death certificate, court order or parental permission. My frustration is that at the beggining of the process i highlighted this situation upon submission of Client Questionnaire so why in the eleventh hour do they raise the issue when I could have been notified from day one and had time to organise said requirements.
I would appreciate some advice on the fastest and least costly method of satisfying the requests i.e Is there a way that I could prove that he has never applied for parental rights? Is there some form of statement we could make with a solicitor?
I had spoken with a solicitor in the Child Law Centre and she stated that this would not restrict us from taking the child out of the country however I am fully aware that it is Australian Law that we have to satisy and not UK Law.
Many thanks in advance.
The Bilsland Family