Guest SAS Posted May 3, 2008 Share Posted May 3, 2008 Could anyone advise me of the process regarding emigrating to Oz and getting permission from an ex husband to agree!! My partner has been offered a job in Adelaide but after initially saying he would not stop us my ex has now said that he needs to sign something and has not yet agreed to do that. If it goes to court any idea on cost? and general process, do they ever say NO!!!! Help:arghh: Link to comment Share on other sites More sharing options...
Stuju Posted May 3, 2008 Share Posted May 3, 2008 Hi, You would need your ex to sign a stat dec (we actually had an agreement drawn up by a solicitor which stated that my youngest daughter could reside with me anywhere in the world out of the duristriction of england and wales-an agreement is slightly different as you can both add in bits as long as you both agree) immigration were fine with the agreement i had as they are a stat dec. Not sure on court costs, but i do know depending on the age of the child sometimes the court will listen to the childs views & wishes. Never heard of anyone being refused by a judge but guess theres always a risk abit like applying for a migration visa - nothing set in stone untill its approved good luck gizmo Link to comment Share on other sites More sharing options...
Guest the ps Posted May 3, 2008 Share Posted May 3, 2008 Hi If you mean permission to take children he needs to sign a statutory declaration saying he is the father and agrees for child to migrate to austrailia with mother and become an ausrailian citizen has to be witnessed/signed and sealed by solicitor/public notary. He needs Id as passport/driving liscence. If he doesn't agree you would need to go to court, I don't know anything about this but someone on here might. Good Luck Brenda:wubclub: Link to comment Share on other sites More sharing options...
Stuju Posted May 3, 2008 Share Posted May 3, 2008 HiIf you mean permission to take children he needs to sign a statutory declaration saying he is the father and agrees for child to migrate to austrailia with mother and become an ausrailian citizen has to be witnessed/signed and sealed by solicitor/public notary. He needs Id as passport/driving liscence. If he doesn't agree you would need to go to court, I don't know anything about this but someone on here might. Good Luck Brenda:wubclub: Brenda, you can also use an agreement which is an offical document drawn up by a solicitor too (have done this on a spouse visa) a valid court order which permits the child to be removed from the childs home country or if the sponsor has residence order contact order or care order - it real is quite an easy process (but can be stressfull depending on what type of ex you have) good luck gizmo Link to comment Share on other sites More sharing options...
Guest Aussie girl wanna be Posted May 8, 2008 Share Posted May 8, 2008 Hi there, There is so many post on here regarding dealing with children when moving to Australia with out their Dads. It can be a very delicate subject and must be handled with a great deal of care. I believe that you will only get one chance to do it right(??) I am taking my son out to WA in the summer for a holiday. Hopefully this will help him make the decision as to whether it is for him. He is twelve and I do not want to force him to do anything that he doesn't want to do. Hopefully a month in the sun might help! :cool: As after all he will be leaving his Dad behind in the UK. Good luck L Link to comment Share on other sites More sharing options...
Guest amazingnewlifeahead Posted June 3, 2008 Share Posted June 3, 2008 I am dealing with this myself at the moment...he is hopefully going to sign the stat doc written by my solicitor. If however he doesn't I have been advised that going to court can take 6-9 months and around £3000. Hope this helps and best of luck. Link to comment Share on other sites More sharing options...
Guest Ems Posted June 3, 2008 Share Posted June 3, 2008 Hi guys Does anyone know if getting something signed through a solicitor applies even if you were not married? I know sometimes certain rules apply to people who were married and not to others. My daughters dad is happy for us to go and there won't be any problems with him signing something but after reading these threads am wondering if i need to be contacting a solicitor. Also any idea on how much this statutory decloration will cost? Emma. Link to comment Share on other sites More sharing options...
Guest amazingnewlifeahead Posted June 3, 2008 Share Posted June 3, 2008 Hi guysDoes anyone know if getting something signed through a solicitor applies even if you were not married? I know sometimes certain rules apply to people who were married and not to others. My daughters dad is happy for us to go and there won't be any problems with him signing something but after reading these threads am wondering if i need to be contacting a solicitor. Also any idea on how much this statutory decloration will cost? Emma. yes if he has parental responsibility he needs to sign regardless of marriage status in the past. If no PR then u need a stat delaration that you have sole responsibilty your solicitor can do this too. I have 2 children from past relationships, this is what i need to do for both as one father has PR and one doesnt. hope this helps Link to comment Share on other sites More sharing options...
Guest Ems Posted June 3, 2008 Share Posted June 3, 2008 yes if he has parental responsibility he needs to sign regardless of marriage status in the past. If no PR then u need a stat delaration that you have sole responsibilty your solicitor can do this too. I have 2 children from past relationships, this is what i need to do for both as one father has PR and one doesnt. hope this helps Thats great thanks, he doesn't have PR so i will contact a solicitor about a stat declaration. Link to comment Share on other sites More sharing options...
godders Posted June 4, 2008 Share Posted June 4, 2008 Hi there, There is so many post on here regarding dealing with children when moving to Australia with out their Dads. It can be a very delicate subject and must be handled with a great deal of care. I believe that you will only get one chance to do it right(??) I am taking my son out to WA in the summer for a holiday. Hopefully this will help him make the decision as to whether it is for him. He is twelve and I do not want to force him to do anything that he doesn't want to do. Hopefully a month in the sun might help! :cool: As after all he will be leaving his Dad behind in the UK. Good luck L I admire that response Aussie girl wanna be....as a Dad who isn't getting to see his children at the moment & they live in the same city, let alone country thats a good approach to take with your child. wish you all the best cheers paul Link to comment Share on other sites More sharing options...
Guest Aussie girl wanna be Posted June 4, 2008 Share Posted June 4, 2008 I admire that response Aussie girl wanna be....as a Dad who isn't getting to see his children at the moment & they live in the same city, let alone country thats a good approach to take with your child. wish you all the best cheers paul Thanks Paul, My son means the world to me, and is my life. Thankfully me and my ex do get on quite (??) well. But I know that move to Oz isn't going to go down well, as you can appreciate. But all I can do is smooth the path before I suggest my plans and then I know that I have done everything that I can. But there is always the chance that I can wait until my son is 16 then he can decide what he wants to do. Good luck L Link to comment Share on other sites More sharing options...
Guest Ems Posted June 4, 2008 Share Posted June 4, 2008 I quite agree with what you are saying about children and there dads. Fortunately like you L i also get on well with my daughters dad. We have been able to sit down and talk about things and my biggest worry is that he won't come to visit in OZ because he would be worried about the flight. The reason i am wanting to make this move is to try and proved the best life possible for my daughter and her dad is fully understanding of this also believes it would be a good move for us. I hope everyone out there with this tough decision all the best and all we can do is just hope things work out for the best. I have said all along that if after time my daughter is not happy in OZ through missing her dad or anyone for that matter i would have to seriously consider returning to the UK. Emma Link to comment Share on other sites More sharing options...
Guest HodgsonFamily Posted January 14, 2010 Share Posted January 14, 2010 Hi All, I'm new to Poms in Oz. My husband, 3 kids and I are applying to immigrate when I finish my degree. My daughter is from a previous marriage and we have a residence order in place stating that my new husband has PR for my daughter. Is this all we need, or do we still need to apply for an order to take Eden out of the country? Would appreciate any help. Many thanks. Wendy Link to comment Share on other sites More sharing options...
Guest motlyman Posted January 16, 2010 Share Posted January 16, 2010 Sorry to throw a spanner in the works but i have been down this road and had grief with it. The stat dec as in my case can be revoked at any time so please dont rely on it. I had one signed by my ex for permision to remove my daughter from duristiction. She changed her mind and i was informed by my solicitor they she had every right to do so. Unfortunately the official route is through the courts. The judge will ask social services to interview the child for their views and wishes but will only grant permission if the child is happy to go and its in his opinion that it will be in the childs best interest. Luckily it turned out good on both counts. So several thousand pounds later we had a court order. I would also add that although you have your childs best interest at heart i dont think anyone realises the impact leaving a parent behind can have on a child. I guess all cases should be look at on their own merrits. Colin Link to comment Share on other sites More sharing options...
andromeda9 Posted January 16, 2010 Share Posted January 16, 2010 I admire that response Aussie girl wanna be....as a Dad who isn't getting to see his children at the moment & they live in the same city, let alone country thats a good approach to take with your child. wish you all the best cheers paul yes agree that was the post that I admired,her thought were for both father and child,done with love and consideration for both,because of the internet and webcam,a bond does not have to be broken ever,its all up to the mother if she has custody my good wishes are also for you Paul regards Lynda :hug: Link to comment Share on other sites More sharing options...
Guest HodgsonFamily Posted January 16, 2010 Share Posted January 16, 2010 Thanks for your advice Paul, would definately take my daughter's feelings into consideration. My ex hasn't visited her for 2 years now, so if it continues in this way, hopefully things will be less complicated. Appreciate your reply, thanks.:notworthy: Link to comment Share on other sites More sharing options...
Guest HodgsonFamily Posted January 16, 2010 Share Posted January 16, 2010 Thanks so much for your advice Colin. We would never go if my daughter contested it, but she seems keen at the moment and her biological dad hasn't been around for a couple of years now. Hopefully things will go smoothly (though costly I know!). Link to comment Share on other sites More sharing options...
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