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Absent parent permission for 16year old ?


candt

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Hi all

 

We are hoping to get a 457 visa, do we need permission from the absent parent to bring our 16 year old from the Uk? No court orders in place but he does pay Csa.

 

I read somewhere that the rules from the home country counted so we wouldn't need it at 16.

 

thanks for any replies

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I have done little research as I have sole parental responsibility for my 16, and wanted to be sure I don't need permission. If absent parent has PR think need permission but for younger as children 16 and over can decide where to live themselves. This is what I gather but may be wrong best check with soliciter or social worker.

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It depends on a few different things, don't know full ins and outs but my scenario was

1. Never married the dad so because my son was born before The Hague convention I have full parental responsibility albeit his dad was paying child support at time of immigration. My son was 16 at the time.

2. I wrote a stat dec with a law person acting on behalf of a solicitor can't remember their title! but stated point number 1, that it was my sons wish to come to Australia and I didn't know where the dad was living so couldn't ask him.

 

there were no questions asked by case officer, they accepted this, this was just last year. Think it's def different if you were married to the father however as your son is 16 even if the dad contests it you may need to go to court but your son is of an age where he can choose.

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  • 3 weeks later...

Thanks for the replies. I did read them when you posted them but thought I'd give an update.

 

We haven't submitted an application yet and it may not be a problem getting permission from his dad, as it's what my son wants.

Unfortunately I was married to him.

 

He only sees his dad about 3 times a year as we live 250 miles apart and he doesn't make the effort to see him. I just wanted to be prepared in case it's an issue.

 

I read on another post that the Hague convention states that a 16/17 year old can decide themselves. So

I'm hoping that, as this is the law in my sons country of origin (England) that the Australian Immigration will except that.

 

I have tried to find a definitive answer by calling the Australian embassy in London but the customer advisor didn't know and advised me to ask a solicitor!?

I also tried citizens advise, a family solicitor offering free initial consultations for £120 (work that out?) and a couple of other free law advisors none of whom knew the answer.

 

So in an attempt to get a definitive answer I have written to the Australian embassy.

I will update the post when I get a reply.

Fingers crossed

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Have spoken to agent ( recommended on either this or perthpoms ) and have been reassured as my daughter 16 she can chose where she lives under uk law. Her dad is not on birth cert and as she was born before 2002, I have sole parental responsibility so shouldnt cause any problems in moving. If case officer ( when we get one) asks for info I should email with this info. Haven't lodged yet but will update if any changes.

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  • 1 month later...

Thanks. I'm a bit stuck as to what to do next. We are waiting on a employment contract from the Australian company, they have an agent they use to do the visas. So don't have an agent to ask yet.

Unfortunately I was married to my sons father, we have asked him to sign the form and after 6 weeks he's come back saying if we cancel the Csa claim he will sign! So I cancelled it last Wednesday and still no signed form!

I am so hoping that we won't need permission as he's 16 nearly 17

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Thanks. I'm a bit stuck as to what to do next. We are waiting on a employment contract from the Australian company, they have an agent they use to do the visas. So don't have an agent to ask yet.

Unfortunately I was married to my sons father, we have asked him to sign the form and after 6 weeks he's come back saying if we cancel the Csa claim he will sign! So I cancelled it last Wednesday and still no signed form!

I am so hoping that we won't need permission as he's 16 nearly 17

 

hope he signs ASAP if not pity u didn't get signature before cancelling csa. Hopefully as uk law states age 16 can choose where they live and ur ex is clearly not thinking what best for child if he doesn't want to contribute to his cost of living.

good luck

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It is the law of the country in which the child resides which determines whether you need permission to remove a child from the country. In the uk Hague Convention Law no longer applies at age 16....COs don't always realise this and sometimes need reminding of the law. Hope you get sorted in the best way for all xx

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Thanks. I'm a bit stuck as to what to do next. We are waiting on a employment contract from the Australian company, they have an agent they use to do the visas. So don't have an agent to ask yet.

Unfortunately I was married to my sons father, we have asked him to sign the form and after 6 weeks he's come back saying if we cancel the Csa claim he will sign! So I cancelled it last Wednesday and still no signed form!

I am so hoping that we won't need permission as he's 16 nearly 17

If this was me...and it's not so you obviously have to make your own choices about your children .....but if it was Me.....I wouldn't even chase him for any signature....you do not need it if the child is 16 and usually resides in the Uk. I've read about so many people who have been told they need this and that, paid thousands in court fees....for some permission that is not a legal requirement...after age 16.

I'm in a similar position..and will be making the move once my daughter turns 16....I've done a LOT of digging to find this information because of my own similar situation xx

Edited by jodipodi
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