nic1171 Posted February 18, 2013 Share Posted February 18, 2013 Hi I have a 16 yr old son and hope to emigrate in Sept this year. Ive had no contact from his father since he was 1yr old though he does pay a little(miniscule!) maintenance. Do I need his permission to take my son or can i just sign a form of sorts, read something about if child born before 2003 then I have sole custody, we werent married. Do I need to see a solicitor or can I just apply to court? Thanks in anticipation of genuine help, Im not getting into whys and wherefors of rights of absent parents Nicola Link to comment Share on other sites More sharing options...
ali Posted February 18, 2013 Share Posted February 18, 2013 Does it depned if he was on the birth certificate? Link to comment Share on other sites More sharing options...
memmymooch Posted February 18, 2013 Share Posted February 18, 2013 Hi I have a 16 yr old son and hope to emigrate in Sept this year. Ive had no contact from his father since he was 1yr old though he does pay a little(miniscule!) maintenance. Do I need his permission to take my son or can i just sign a form of sorts, read something about if child born before 2003 then I have sole custody, we werent married. Do I need to see a solicitor or can I just apply to court? Thanks in anticipation of genuine help, Im not getting into whys and wherefors of rights of absent parents Nicola You will need signed permission form from father with certified copy of his passport or a order from the court giving permission to remove the concept of sole parental responsibility is irrelevant for oz visa purposes if father named on birth certificate then above will apply if not named then you would have to clarify with DIAC what the requirements are. Getting the order from court if needed though should not be hassle if son wants to go as they will listen to his wishes and as no contact from dad he would have to have a very compelling reason to object on but even then given the no contact unlikely would stand in your way good luck mem Link to comment Share on other sites More sharing options...
lebourvellec Posted February 18, 2013 Share Posted February 18, 2013 Check with an agent , but chance you dont need permission with a 16 year old. Link to comment Share on other sites More sharing options...
Lurkio Posted February 18, 2013 Share Posted February 18, 2013 Hi Nic. As an unmarried couple, if your child was born before 1 December 2003, only the mother has automatic parental responsibility. The natural father of that child can only gain parental responsibility by either: entering into a parental responsibility agreement; obtaining a court order giving him parental responsibility; or marrying the mother. If the mother with parental responsibility dies, the unmarried surviving father still doesn't gain automatic parental responsibility unless he has a court order, a parental responsibility agreement in his favour, or he was registered as the father of the child born after 1 December 2003. While an unmarried father of a child born before 1 December 2003 has no automatic parental responsibility for that child under the law, when it comes to providing financial support for the child the law makes no distinction between him and a father with parental responsibility. If the father has not obtained parental responsibility you can simply swear a statutory declaration stating that you have sole PR and that the absent parent has not had any contact with the child since (whatever date) and submit it with your application..... Good luck :hug: Link to comment Share on other sites More sharing options...
memmymooch Posted February 18, 2013 Share Posted February 18, 2013 My sons father has no parental responsibility and no contact for 10 years - he is 11 I had to go to court for permission to take to oz on tourist visa and am now back in court for permission to permanently remove and we are using agent who went through everything in great detail including discussing with our Case officer and advised if named on birth certificate irrespective of parental responsibility in this country permission is needed Link to comment Share on other sites More sharing options...
wrussell Posted February 19, 2013 Share Posted February 19, 2013 Hi I have a 16 yr old son and hope to emigrate in Sept this year. Ive had no contact from his father since he was 1yr old though he does pay a little(miniscule!) maintenance. Do I need his permission to take my son or can i just sign a form of sorts, read something about if child born before 2003 then I have sole custody, we werent married. Do I need to see a solicitor or can I just apply to court? Thanks in anticipation of genuine help, Im not getting into whys and wherefors of rights of absent parents Nicola 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. Link to comment Share on other sites More sharing options...
nic1171 Posted February 19, 2013 Author Share Posted February 19, 2013 Thanks folks, so could this be done through a solicitor or will I have to go to court? Link to comment Share on other sites More sharing options...
memmymooch Posted February 19, 2013 Share Posted February 19, 2013 If father won't sign papers and provide certified copy of passport needs to go through court Link to comment Share on other sites More sharing options...
jodipodi Posted May 2, 2013 Share Posted May 2, 2013 Im pretty sure once a child reaches age 16 then parental responsibility does not come into it at all as the Hague Convention Law ends at age 16 (this is the law which helps prevent child abduction). I would pretty much bet my last penny on this and have read this on so many emigration sites. Im presuming youre from the UK as your profile says Sunderland. I think you would simply need to state this fact to the DIAC if they should request any knd of proof/permission as I do not believe it is required. Speaking from someone who may have to deal with this sort of issue and have done a vast amount of research. Even the DIAC dont always know the law, they just need reminding or informed sometimes. I would advise an appointment with a good migration agent who would help should you come into difficulty, I think two who are familiar with this situation are Ian Harrop and George Lombard. Also maybe have a look on Britishexpats website as some particularly useful info on there regarding this. Hope this helps a bit. Link to comment Share on other sites More sharing options...
nic1171 Posted May 2, 2013 Author Share Posted May 2, 2013 Hi thats great jodipodi. I havent done anything with this particular situation at present though time is passing! Im still in UK but hoping to go Sept time. I'll check out those 2 recommendations and the website thanks Link to comment Share on other sites More sharing options...
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