shashinianuttara Posted August 7, 2012 Share Posted August 7, 2012 Can anyone help me with this please. I had an email from my CO this morning saying that they need my son's father consent to take my son out of country. If the consent is not given there will not be any visa issued for my son. The thing is, i have got the physical and legal custody over my son and all those documents have been sent to the immigration office. I actually dont have any contacts with my son's father and he never comes to see his son and doesnt even care whether he exists or not. Now the whole process has come to the final stage and I do not know what to do. is there anyone who was in a similar situation and appreciate your help in this very much. I am totally lost as to what to do. Link to comment Share on other sites More sharing options...
wakeboard1980 Posted August 7, 2012 Share Posted August 7, 2012 Do you know where your sons father lives? Your CO would have seen all your documents but still has to make sure that either his father has given permission to leave the country or a court has granted the permission for him to leave the country. Unfortunatley its the process you have to go through. Haven't been trought it myself but that is what others have had to do on here. Link to comment Share on other sites More sharing options...
shashinianuttara Posted August 7, 2012 Author Share Posted August 7, 2012 the issue is i actually dont know where he is. No contact for last 2 and half years and my son is three years now. Wouldnt the legal document which says that I have legal and physical custody of my son is sufficient? and if i fail to produce this document that means no visa for my son? this is going to be a very touch call Link to comment Share on other sites More sharing options...
wakeboard1980 Posted August 7, 2012 Share Posted August 7, 2012 The document obviously isn't enough, in its own right, at this stage otherwise the CO woulndn't have asked for anything more. Have you tried to find your sons father? I would say that you would need to try every means possible to find your sons father to get the permission, other than that you may need a courts permission. Have you let the CO know of your exact circumstances? No contact etc? Hopefully someone that has been in the same position will be able to share their experiences and what they had to do. Someone will be along soon enough. Good luck with it though, you will find a way. Link to comment Share on other sites More sharing options...
shashinianuttara Posted August 7, 2012 Author Share Posted August 7, 2012 thank you very much and hope this will get sorted out soon. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted August 7, 2012 Share Posted August 7, 2012 Unfortuanatly this is a really common problem. All I will say is in situations like this dont think what is sensible has any bearing. I had to get permission from my Ex who was already living in Australia, to remove our child from the UK. Even though he had left the UK 6 years previously and I was bringing his child to the same country as him. He had no contact and was not paying child support. Madness. Anyway even more bazarrly he refused permission and I had to go to court to get a court order. If I were you I would try and contact his next of kin or friends or anyone to try and avoid this. Your Agent should be able to advise you on whats needed .Good Luck Link to comment Share on other sites More sharing options...
shashinianuttara Posted August 7, 2012 Author Share Posted August 7, 2012 Thanks guys. this site is soo good. I am in a way happy because now i know i am not the only one who is going through this and sharing the story with you all made me feel better. i will try to find where he is to avoid complications. What I dont understand is, he is just a sperm donor, not a daddy and doesnt even care about his own son. no visitations, no child support nothing. but at the end he gets to decide on our sons future, after all it is me who has been doing everything to make sure that my son will have a better life how sad and i am actually angry with the system. but there is nothing much i could do about it i guess. Link to comment Share on other sites More sharing options...
jove Posted August 7, 2012 Share Posted August 7, 2012 They need consent from a sperm donor? What happens if he wishes to remain anonymous duee to his family etc...Seems weird they want this consent in this situation. Link to comment Share on other sites More sharing options...
shashinianuttara Posted August 7, 2012 Author Share Posted August 7, 2012 Well he was not just a sperm donor, he was my little ones father and we were married for about a year and as a result my son came to this world. I used the word sperm donor is because, apart from donating a sperm there is nothing much he has done for my son so why seek consent from such person. Anyway if that is the law i guess we have to follow it whether we like it or not. Link to comment Share on other sites More sharing options...
jove Posted August 7, 2012 Share Posted August 7, 2012 Ok I see, must be a way to track him down no? Maybe talk with the council or police maybe they can offer some advice? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted August 7, 2012 Share Posted August 7, 2012 Well he was not just a sperm donor, he was my little ones father and we were married for about a year and as a result my son came to this world. I used the word sperm donor is because, apart from donating a sperm there is nothing much he has done for my son so why seek consent from such person. Anyway if that is the law i guess we have to follow it whether we like it or not. I dont think he will get to decide, if the worst case scenario happened and he wouldnt sign an agreement, then you would more than likely get that court order. I think you are going to have to try and prove that you have tried to make contact but cant. Good luck x Link to comment Share on other sites More sharing options...
cki2011 Posted August 7, 2012 Share Posted August 7, 2012 Can anyone help me with this please. I had an email from my CO this morning saying that they need my son's father consent to take my son out of country. If the consent is not given there will not be any visa issued for my son. The thing is, i have got the physical and legal custody over my son and all those documents have been sent to the immigration office. I actually dont have any contacts with my son's father and he never comes to see his son and doesnt even care whether he exists or not. Now the whole process has come to the final stage and I do not know what to do. is there anyone who was in a similar situation and appreciate your help in this very much. I am totally lost as to what to do. You can track him down through dwp or the electrol roll it is a lot easier to find someone now than it was years ago.... Good luck i hope it works out for you.... Link to comment Share on other sites More sharing options...
RockDr Posted August 7, 2012 Share Posted August 7, 2012 To be honest, the first thing I'd do is contact your CO and confirm that the custody documents haven't been lost/forgotten about. If they still need further documentation, then I would talk to a registered migration agent asap. Good luck with everything, hope it works out Link to comment Share on other sites More sharing options...
milliem Posted August 8, 2012 Share Posted August 8, 2012 Hi there I have been in this situation. I don't want to worry you but even with consent, evidence of custody and a statutory declaration from my ex. my case officer still requested a court order. At this point I emailed the CO and asked if an order was absolutely necessary as consent had already been given. The case officer decided to interview my ex- husband instead. He was contacted by Australia House in London and had to answer questions to verify his consent. Awkward :embarrassed: They accepted this. The bottom line is. The case officer will expect that you make an effort to track him down and get him to sign consent. If he cannot be traced you will need evidence to show you have tried and possibly an in absentia court ruling. Like someone already said it does not seem sensible to expect all this if you have full custody and have always been the main carer. Unfortunately they will not issue the visa without consent or a court order. :-( Good luck. If you need any help drafting thee statutory declaration let me know Millie x Link to comment Share on other sites More sharing options...
Guest dubsydney Posted August 22, 2012 Share Posted August 22, 2012 Hi there I have been in this situation. I don't want to worry you but even with consent, evidence of custody and a statutory declaration from my ex. my case officer still requested a court order. At this point I emailed the CO and asked if an order was absolutely necessary as consent had already been given. The case officer decided to interview my ex- husband instead. He was contacted by Australia House in London and had to answer questions to verify his consent. Awkward :embarrassed: They accepted this. The bottom line is. The case officer will expect that you make an effort to track him down and get him to sign consent. If he cannot be traced you will need evidence to show you have tried and possibly an in absentia court ruling. Like someone already said it does not seem sensible to expect all this if you have full custody and have always been the main carer. Unfortunately they will not issue the visa without consent or a court order. :-( Good luck. If you need any help drafting thee statutory declaration let me know Millie x Hi milliemolly, Ive been doing some research about child custody documents...more likely we have the same situation....My CO is asking this:CHILD CUSTODY DOCUMENTSEvidence that any child under the age of 18 years who is an applicant may travel with you..as an overview in my situation.....I was able to secure a consent from my ex husband stating that I have the full custody of my son ...and I submitted it already to DIAC.... why do they need another more??Im bit confused about this..... hope you could advise me what to do please...... Youve mentioned about statutory declaration....can I ask a sample /draft please......:smile::smile: Thanks in advance..... Link to comment Share on other sites More sharing options...
missmoffitt Posted October 20, 2016 Share Posted October 20, 2016 Hi milliemolly, Ive been doing some research about child custody documents...more likely we have the same situation....My CO is asking this:CHILD CUSTODY DOCUMENTSEvidence that any child under the age of 18 years who is an applicant may travel with you..as an overview in my situation.....I was able to secure a consent from my ex husband stating that I have the full custody of my son ...and I submitted it already to DIAC.... why do they need another more??Im bit confused about this..... hope you could advise me what to do please...... Youve mentioned about statutory declaration....can I ask a sample /draft please......:smile::smile: Thanks in advance..... hi I was just wondering what the outcome of this was due a similar request being made to me. Link to comment Share on other sites More sharing options...
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