rachael85 Posted March 31, 2014 Share Posted March 31, 2014 Hi. I have a partner and 10 year old daughter from a previous relationship and we are hoping to emigrate to Perth. My daughters father has agreed for her to emigrate, what documentation will I need to prove that he has agreed this? will I still need to go through a solicitor for this or could I do it without a cost? Thanks in advance Link to comment Share on other sites More sharing options...
Nic76 Posted March 31, 2014 Share Posted March 31, 2014 Hi we emergrated seven years ago with my eldest two children who at the time were 10 and 12 my ex husband signed a stat dec drawn up by our solicitor!! Hope that helps back then it cost us 60 pounds. Good luck Link to comment Share on other sites More sharing options...
nic1171 Posted March 31, 2014 Share Posted March 31, 2014 You'll need the help of a solicitor in making sure you have adequate documentation giving you permission. I didn't have contact with my sons father but still needed stat decs arranged via a solicitor. Now watch out for the moral brigade who will question your intentions to take your daughter away from her dad! Link to comment Share on other sites More sharing options...
jac2011 Posted March 31, 2014 Share Posted March 31, 2014 I got a stat dec signed and a 1229 form just in case! Link to comment Share on other sites More sharing options...
Liloharry Posted March 31, 2014 Share Posted March 31, 2014 All I had to do was form 1229. I did however have to do it again when we went from a temporary visa to PR. Link to comment Share on other sites More sharing options...
Beddy Posted March 31, 2014 Share Posted March 31, 2014 You will definitely need to get a signed stat dec from the non emigrating parent to allow you to remove the child legally from the Uk . You will have to go through a solicitor to obtain this and it will cost Link to comment Share on other sites More sharing options...
Jules RT Posted March 31, 2014 Share Posted March 31, 2014 Hi, I'm in the same position, my children will be 17 & 15 when we move next year. The additional problem l have is that my ex husband lives in Dubai! So the option of getting us together at a solicitors office to sign a statutory declaration form will be very problematic. What would the suggestions be in this case? My son is going for Easter Hols, my ex has suggested l send over any paper work to be signed as he is more than happy for us to leave the UK. He works for an airline so luckily it doesn't matter to him if l live in the UK or OZ. Thanks in advance, Jules Link to comment Share on other sites More sharing options...
Jen44 Posted March 31, 2014 Share Posted March 31, 2014 I'm looking to go over on a prospective Marriage Visa & my young son will be coming with me. I know i need to have his father sign a leave to remove & fill in 40SP & 47SP form but can anyone tell me what other forms do i need? Many thanks Link to comment Share on other sites More sharing options...
Jupiter19 Posted April 1, 2014 Share Posted April 1, 2014 @rachel 85 My ex signed a statutory declaration, in front of a court official. CO asked for form 1229, and a scanned copy of his passport. You don`t need to have a solicitor, it`s a waste of money. If you wish, I will PM you the text we used. Link to comment Share on other sites More sharing options...
rachael85 Posted April 1, 2014 Author Share Posted April 1, 2014 Thanks everyone Link to comment Share on other sites More sharing options...
Quinkla Posted April 1, 2014 Share Posted April 1, 2014 Now watch out for the moral brigade who will question your intentions to take your daughter away from her dad! I'm the resident moral brigade and I have no problems with anything that is done in a consensual way. The time I have problems is when one parent tries to take a child overseas when the other parent plays a role in the child's life and the parent objects. That doesn't apply here. Link to comment Share on other sites More sharing options...
nic1171 Posted April 1, 2014 Share Posted April 1, 2014 I'm the resident moral brigade and I have no problems with anything that is done in a consensual way. The time I have problems is when one parent tries to take a child overseas when the other parent plays a role in the child's life and the parent objects. That doesn't apply here. i may may not have been on the site as long as some but long enough to see various posters criticise without knowing the full story, even then it's none of their business and often the OP (not in this instance) feels they have to justify their actions. Glass houses n all that Link to comment Share on other sites More sharing options...
Jen44 Posted April 1, 2014 Share Posted April 1, 2014 @rachel 85My ex signed a statutory declaration, in front of a court official. CO asked for form 1229, and a scanned copy of his passport. You don`t need to have a solicitor, it`s a waste of money. If you wish, I will PM you the text we used. Yes please that would be great thank u Link to comment Share on other sites More sharing options...
Quinkla Posted April 2, 2014 Share Posted April 2, 2014 i may may not have been on the site as long as some but long enough to see various posters criticise without knowing the full story, even then it's none of their business and often the OP (not in this instance) feels they have to justify their actions. Glass houses n all that Um... If you post on a public forum then your post does become public business. And if people commenting don't know the full situation, that tends to be because important details have been witheld - which is hardly their fault. Link to comment Share on other sites More sharing options...
CaptainC Posted April 5, 2014 Share Posted April 5, 2014 Hi.I have a partner and 10 year old daughter from a previous relationship and we are hoping to emigrate to Perth. My daughters father has agreed for her to emigrate, what documentation will I need to prove that he has agreed this? will I still need to go through a solicitor for this or could I do it without a cost? Thanks in advance To bring the subject back to the question asked by the OP. This is my personal experience. This is old information and may no longer be valid but when I applied for a visa and took my son to Australia to live in 2008 I had to go to court and obtain a Special Issue Order. I dug out the email from DIAC (as it was then) and they stated; "In order to apply for an Australian visa for your son to migrate to Australia, you must obtain a court order giving you the full rights to remove your son from the UK and determine where he lives." I had to get permission from 'all persons with parental responsibility for the child' and convince a judge in the family court that although this decision was made by a parent and consent was granted by the other parent, that a move to Australia would not be detrimental to the child's welfare. That all being said this was 5+ years ago and policies do change so I would recommend contacting DIBP via email or telephone or reading some of the fact sheets/booklets that they have on their website. Good luck Link to comment Share on other sites More sharing options...
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