swifty99 Posted August 8, 2006 Share Posted August 8, 2006 can anyone please advise me where i can get the form from that is needed to be signed byt my childs father in order for me to be able to take him out the country as we are no longer togther and i have been told that even though he has no contact with my son at all that i need him to sign a form please help as this is an obsticle that i need to overcome urgently.......... Link to comment Share on other sites More sharing options...
swifty99 Posted August 8, 2006 Author Share Posted August 8, 2006 So even though he pays no maintenance and hasn't seen him in years do i need this and who requests it? what if i have no address for his father Link to comment Share on other sites More sharing options...
ali Posted August 8, 2006 Share Posted August 8, 2006 Hi I think there are similar posts on site, I think that if you've made every effort to find the absent parent to get permission, you can get something from the solicitor saying you've done everything in your power to get permission etc., DIMIA have accepted this and people have been granted visas. Look on in the search (top toolbar) on the forum as I'm sure this has been asked before Ali Link to comment Share on other sites More sharing options...
swifty99 Posted August 8, 2006 Author Share Posted August 8, 2006 Thank you for all your help looks like i will have to bite the bullet and approach him although i know he won't be forthcoming so looks like it will end in court action which i have heard that if it goes in my favour against him then he has to pay do you know if this is true Link to comment Share on other sites More sharing options...
ali Posted August 8, 2006 Share Posted August 8, 2006 I'm not sure if it actually has to go to court (unless of course they say the child can't go), but if you've made every effort to find them and can't then I think a solicitors letter should do it - it's best to seek advise - if you're using an agent they should be able to give you some info. Ali Link to comment Share on other sites More sharing options...
swifty99 Posted August 8, 2006 Author Share Posted August 8, 2006 We are not using an agent i have an idea where to find him although knowing him as i do even though my son will be 4 months off being 16 when we move i know he will say no Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted August 8, 2006 Share Posted August 8, 2006 Hi Swifty I think this thread can help you, but DIMA might require sight of a Court Order - I don't know. http://www.pomsinoz.com/forum/viewtopic.php?t=1499 Best of luck Gill Link to comment Share on other sites More sharing options...
Guest Phil Olsen Posted August 15, 2006 Share Posted August 15, 2006 Hi Swifty A couple of questions: Where are you living? Which country do you want to take your children from and to? What visa (if any) do you have for Australia and what status are your children (visa that is)? Phil Link to comment Share on other sites More sharing options...
swifty99 Posted August 15, 2006 Author Share Posted August 15, 2006 Hi we are currently in england just about to start out skilled migration visa to move over to victoria, my son is 14 and we are at the earlt stages we are just in the process of getting my partners skills assessed i believe he has emailed you as you contacted him about rail work. i have been told that i need to get my ex partner to write a letter and have it signed by a solicitor saying that he gives his permission for me to take my son out of the country. Link to comment Share on other sites More sharing options...
Guest Phil Olsen Posted August 15, 2006 Share Posted August 15, 2006 Hi The information you require is on the 136 checklist and the link takes you to the DIMA site which says Custody requirement If your application includes a child under 18 years of age and the child's other parent is not migrating with you, or there is any other person who has the legal right to determine where the child can live, you will need to provide: evidence that the law of your home country permits the removal of the child to Australia. Example: Overseas court order granting you sole custody of the child evidence that each person who can lawfully determine where the child is to live consents to the grant of the visa. Such evidence must be either: Example: Such evidence should must be either: a statutory declaration or a legal document signed by the child's other parent (or any other person who can lawfully determine where the child shall live), consenting to the grant of the vis evidence that the child's other parent is dead, such as a certified copy of the death certificate evidence that the grant of the visa would be consistent with any Australian child order in force in relation to the child. Example: Original or certified copy of the Australian Court order providing you with sole responsibility to decide where the child should live. For a of a step-child, you will need to provide evidence that you were in a spouse relationship with the child's natural parent and that you have one of the following: a residence order in force for the child under the Australian Family Law Act 1975 a specific issues order in force under the Australian Family Law Act 1975 giving you responsibility for the child's long-term or day-to-day care, welfare and development - known as a 'care order' or guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country. Hope that helps Phil Link to comment Share on other sites More sharing options...
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