Nastasha Posted November 25, 2014 Share Posted November 25, 2014 Hi everyone New to this site/ forum and need some advice. I have 3 children (2, 6 and 10) i also have a partner waiting for his 457 Visa clearance to go to Aus. He will be working towards his PR. My Q is, do i need the fathers permission to take the kiddies to live in Aus? Iv heard that i need a court order? Im very doubtful that he would just agree without kicking up a fuss even though he does not have regular contact with the children. I have a lot of family living in NSW and we have been over before- the kids love it- so have no doubts at all that we would be happier as a family in Aus. Once my partner has obtained his PR would this change the situation in respect of my children or would i still need to go down the court/ solicitor etc route now? Sorry for babbling and hope this makes sense but feel like its a bit of a minefield atm :arghh:!! Thanks a lot T Link to comment Share on other sites More sharing options...
Sammy1 Posted November 25, 2014 Share Posted November 25, 2014 Yes, you would need his permission. If he does not give it then you will need to go to court. Your partner's visa status has no bearing on this at all. Link to comment Share on other sites More sharing options...
CaptainC Posted January 28, 2015 Share Posted January 28, 2015 It's a bit of a late reply to this thread but the answer is yes you will need to go to court. I had to go to court for the same thing to allow me to remove my son from jurisdiction. DIBP will not allow an application to progress until you have successfully applied for, been granted and submitted a Residence and Contact Order under Section 8 of the Children Act 1989, with specific conditions to give you the right to remove the child(ren) from the UK to live in Australia. If you'd like you can send me a PM with your email address and I can help out. I also have my order which I can scan (with any confidential data obscured) and you can take a look at it. I'm fairly sure DIBP will not accept a written letter of permission from the father (in case he says later that he was forced to write it under duress etc). I was informed when I applied that only a court order will suffice. The way to go about it is to prove to a judge in the family court that it is in the children's best interests that they travel with you to live in Australia. If the father protests then it doesn't necessarily mean that the order won't be granted, it all depends on how much contact there is between the children and their father, how close they are, and whether it will be detrimental to the children to leave the country. Also, the children's opinion counts for a large percentage of the decision. If they really want to go then it is likely that the judge will rule in your favour, if they have doubts or don't want to leave their father then most likely the ruling will be against you. Hope it helps and get in touch if you need anymore help. Link to comment Share on other sites More sharing options...
Jill Douglas Posted January 29, 2015 Share Posted January 29, 2015 Hi, I will also have to get permission, we won't be moving out til my son is 14, I have already told his father my our plans and firstly did get a shock, but tried to explain the advantages and that I will ask him what he wants to do, at that age he shud be able to tell me how he feels. I would be ok if he wanted to stay finish his education then come out, but obviously want him with me, so if he does and I have to have the written permission I am unsure if his dad will give it, how do you actually apply to get the court order to say that it is fine with the judges say so and will I need to give evidence to support that it would be in his best interest? Link to comment Share on other sites More sharing options...
CaptainC Posted January 29, 2015 Share Posted January 29, 2015 Hi, I will also have to get permission, we won't be moving out til my son is 14, I have already told his father my our plans and firstly did get a shock, but tried to explain the advantages and that I will ask him what he wants to do, at that age he shud be able to tell me how he feels. I would be ok if he wanted to stay finish his education then come out, but obviously want him with me, so if he does and I have to have the written permission I am unsure if his dad will give it, how do you actually apply to get the court order to say that it is fine with the judges say so and will I need to give evidence to support that it would be in his best interest? I went through a solicitor to apply to the court. In my case all parties (myself and my ex wife) were in agreement so I thought it would be a straightforward thing to just have the order written up, it wasn't. I had to provide proof that I would send him back to the UK at my own expense at least 2x per year. I needed info about schools, how he would be cared for, etc etc. I didn't attend court as I was at sea so the judge adjourned until I came home and saw him. I eventually got the order but I estimate that with barrister attendance fee and solicitors fees it came to about £2000. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted January 29, 2015 Share Posted January 29, 2015 B aware as well that simply saying you think a life in oz will be better for him (and very rightly) won't be enough. Link to comment Share on other sites More sharing options...
CaptainC Posted January 29, 2015 Share Posted January 29, 2015 B aware as well that simply saying you think a life in oz will be better for him (and very rightly) won't be enough. Quite right. Link to comment Share on other sites More sharing options...
wrussell Posted January 29, 2015 Share Posted January 29, 2015 Do i need fathers consent to take my children to live in Aus? Not necessarily, but that is usually the simplest way. Link to comment Share on other sites More sharing options...
CaptainC Posted January 29, 2015 Share Posted January 29, 2015 Incidentally, my sister also wants to move to Australia, and her ex husband is being a complete (unmentionable C word) about it even though he doesn't really care either way in my opinion. They have 4 children and she's an experienced nurse practitioner, she's already had offers from Australia but I think that her ex just wants to be a (that word again) about it and not let her go, I'm not sure how she's going to get on with court, but it would be interesting to see the outcome. Link to comment Share on other sites More sharing options...
jac2011 Posted January 30, 2015 Share Posted January 30, 2015 I didn't need a court order but have a 1229 and a stat dec signed by my ex. Initially he was reluctant but we sat down, talked things through (this took years) and by working together we came to a mutual agreement and went to see solicitors for advice on how to complete the paperwork. We had it all witnessed by solicitors. Total cost (we paid for all ex's legal costs) around £700. Link to comment Share on other sites More sharing options...
Erudite Posted February 2, 2015 Share Posted February 2, 2015 Sorry if this is too late, but the answer is a resounding YES YOU DO. He has no less rights to the child than you do, so anything major in the child's life & he must be involved.............unless he has absolved those rights. Try flipping the coin, how would you react? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted February 2, 2015 Share Posted February 2, 2015 It's not always as cut and dried as that. My daughters Dad was already in Australia when we decided to make the move ourselves. I still had to have his permission even though we were bringing his child to live in the same country as him. He refused!!! So yes you guessed it we had to go to court to get the order, Caffcass officer involved the lot. Common sense doesn't always come into it, not when there's a way for a Lawyer to makes some money anyway. Link to comment Share on other sites More sharing options...
Erudite Posted February 3, 2015 Share Posted February 3, 2015 Hi Que Sera Sera! You just confirmed, though in a round about way, that agreed with me. Same country or different country, the father still has to be involved. Link to comment Share on other sites More sharing options...
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