Major Tom Posted June 17, 2015 Share Posted June 17, 2015 Hi All, I need your urgent guidance. My partner is Australian and we live in the UK, we have 4 children that are all Australian Citizens, the eldest 14yr old boy has been turned down for a Passport due to he needs his fathers consent. My stepson decided he did not want to have anything to do with his father, and refused to see him because of his behaviour during his 18 months in hospital. He did it officially through doctors/psychologist reports through custody battles in court, that was 2yrs ago, his father has not contacted him since, not even Birthday or Christmas. I need to know what actions I need to do to grant permission to apply and move to Australia, I am myself currently going through the Partner Visa process, on target for March 2016, and we all want to move on my visa approval date. His father is the kind of person that would fight it for the hell of it, just so he could brag at the pub that he did all he could, he spent £25k on a divorce that could have been completed amicably. We were advised by the passport office this week, that because all the children are now Australia Citizens, our eldest would not be able to enter Australia on his English/UK passport to live permanently, if he was not granted an Australian Passport due to issues with consent from his father. Any help you can give would be much appreciated. Cheers MT Link to comment Share on other sites More sharing options...
Racmac Posted June 17, 2015 Share Posted June 17, 2015 You need to complete c100 form and issue application for specific issue to remove child from jurisdiction. Court fee £215 issue application ASAP. If he is having no contact and you can show you are moving for the best interest of the child you will be fine. Link to comment Share on other sites More sharing options...
JEM44 Posted June 17, 2015 Share Posted June 17, 2015 We were in exactly the same situation, no contact for 4 years but still wouldn't sign to let the kids go. Filled in the forms c100 paid my money to court (no solicitors) and had our day in court with a circuit judge, so in a real court room which was somewhat intimidating, but I had all the information I could possibly think they might ask, and an agreement that father would be kept in contact with address and email etc we were told approval was granted. Simple as that. Definately start art the process as soon as possible. Good luck x Link to comment Share on other sites More sharing options...
Major Tom Posted June 17, 2015 Author Share Posted June 17, 2015 Thank you Leah, I have showed your reply to Jak, and she is pleased that someone else has gone through the same process. Did you ask the question officially to the father, and give him a deadline to agree before going to court? Thanks MT Link to comment Share on other sites More sharing options...
Major Tom Posted June 17, 2015 Author Share Posted June 17, 2015 Thank you Racman, I've downloaded the form already! :-) Link to comment Share on other sites More sharing options...
CaptainC Posted June 17, 2015 Share Posted June 17, 2015 You need to complete c100 form and issue application for specific issue to remove child from jurisdiction. Court fee £215 issue application ASAP. If he is having no contact and you can show you are moving for the best interest of the child you will be fine. Absolutely concur with this post. I've successfully been through this process and got a specific issue order for my 12 year old (6 at the time). The courts are very hostile towards absent parents, and heavily weight their decision on the child's preference and the best interests of the child. Reading the OP on face value, the natural father really hasn't got a hope in hell. Link to comment Share on other sites More sharing options...
Major Tom Posted June 17, 2015 Author Share Posted June 17, 2015 Thank you CaptainC, will be on the case tomorrow! :-) Link to comment Share on other sites More sharing options...
jac2011 Posted June 18, 2015 Share Posted June 18, 2015 My ex was a little more involved (though dependant on girlfriend) and I asked his permission first. I spoke to him amicably, explained our situation and reasoning and then when he was uncertain we went to mediation. Unfortunately my ex stated that whilst he could see the benefits he didn't want to be the one to sign permission over as this may come across to the children as him not being interested. When we went to apply to court however, he took some legal advice, realised it would affect his wallet and then agreed to sign over for them to come. He is a relatively good father but unfortunately has not played a fatherly role since he left them as babies. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted June 18, 2015 Share Posted June 18, 2015 I still had to get permission from my Ex to remove our Daughter from the UK even though he had already emigrated to Australia 5 years previously. It's Australia covering themselves. He refused to give permission ( Don't ask!) so I still had to go to court and a Cafcass officer had to interview our daughter who had turned 16 at that point. All a waste of time and money but it's usually doable. Link to comment Share on other sites More sharing options...
ali Posted June 18, 2015 Share Posted June 18, 2015 I would certainly formally ask the father for permission - perhaps a registered letter so proof of delivery, as if you don't and go to court this first thing he may say is that he wasn't asked. Link to comment Share on other sites More sharing options...
CaptainC Posted June 18, 2015 Share Posted June 18, 2015 I would certainly formally ask the father for permission - perhaps a registered letter so proof of delivery, as if you don't and go to court this first thing he may say is that he wasn't asked. That's a very good point and could work in the fathers favour. I used a family solicitor and a barrister for my particular case, it helped a lot and they also guided me through the whole process, it wasn't too expensive for what it did for me, very much worth it. Am I reading the OP correctly that the stepson is an Aussie citizen? If so, that would carry even more weight I would imagine. To deprive a child of living in his home country (whether or not he's ever lived there) would be another abhorrence to the court. The OP is holding all of the cards. Although I would recommend seeing a solicitor, even if it just for one appointment to ensure that you are following the correct procedure. Family law is very complicated and without good knowledge of it, it can go very wrong. *Addendum* Just had a look through my papers and the total cost for the whole thing was £1351.75 £875 for the barrister (2 court visits) and the court fees, prep of the statement & c100 by solicitor, made up the rest. This was in early 2009 so the costs may be a little higher now. Still a small price to pay though! Link to comment Share on other sites More sharing options...
JEM44 Posted June 18, 2015 Share Posted June 18, 2015 Hi, yes I went to speak to him and explained that our plan was to emigrate (it was something we always planned to do as a family so was not a shock), his response was no! On the basis that taking him to court would cost me money. I documented the whole conversation and put that as part of my paperwork for court. My kids are 12 and 14. I served him him with court papers and explained there would be no cost to me other than my application fee as I was not in need of a solicitor, at which point the paperwork returned to me signed. However, as we had a court date, we still had to go to court. The judge was very impressed with my paperwork (I'd put information on jobs, houses, schools, hobbies for the kids etc) and told dad exactly what she thought of his attitude. She did however, ask that I guarantee to keep contact if he wanted, send school reports etc, but that was on the basis that he kept us informed of his address (he's since moved and we have no idea where to) and we don't leave for Oz until May next year so it doesn't bode well!! when we applied for our visa I submitted both the signed form and the court papers showing that the children could apply for emigration, and our case officer still phoned dad to make sure it was his signature on the form, in hindsight I probably should've just sent the court papers, but it shows that they do check!!! in my experience, I'd suggest you will have no problems, judges are very sensible and have seen it all before with family issues and awkward absent parents. Good luck. Link to comment Share on other sites More sharing options...
Racmac Posted June 18, 2015 Share Posted June 18, 2015 You shouldn't have an issue at all. But if you need some advice pm me. I'm a family Solicitor! Link to comment Share on other sites More sharing options...
Major Tom Posted June 24, 2015 Author Share Posted June 24, 2015 I would certainly formally ask the father for permission - perhaps a registered letter so proof of delivery, as if you don't and go to court this first thing he may say is that he wasn't asked. Thank you for your advise, the official letter hand written by my stepson has been posted (recorded) to him today, we have given him to reply by 5th July, if not then the C100 form will be submitted. Link to comment Share on other sites More sharing options...
CaptainC Posted June 24, 2015 Share Posted June 24, 2015 Thank you for your advise, the official letter hand written by my stepson has been posted (recorded) to him today, we have given him to reply by 5th July, if not then the C100 form will be submitted. Excellent, I am sure you'll get a positive resolution to this one way or another. Link to comment Share on other sites More sharing options...
Major Tom Posted June 24, 2015 Author Share Posted June 24, 2015 That's a very good point and could work in the fathers favour. I used a family solicitor and a barrister for my particular case, it helped a lot and they also guided me through the whole process, it wasn't too expensive for what it did for me, very much worth it. Am I reading the OP correctly that the stepson is an Aussie citizen? If so, that would carry even more weight I would imagine. To deprive a child of living in his home country (whether or not he's ever lived there) would be another abhorrence to the court. The OP is holding all of the cards. Although I would recommend seeing a solicitor, even if it just for one appointment to ensure that you are following the correct procedure. Family law is very complicated and without good knowledge of it, it can go very wrong. *Addendum* Just had a look through my papers and the total cost for the whole thing was £1351.75 £875 for the barrister (2 court visits) and the court fees, prep of the statement & c100 by solicitor, made up the rest. This was in early 2009 so the costs may be a little higher now. Still a small price to pay though! CaptainC, thank you for your guidance also, my stepson has a UK Passport and was born here, and is a Australian Citizen through decent from his mother, but has no passport due to requiring fathers permission. Link to comment Share on other sites More sharing options...
CaptainC Posted June 25, 2015 Share Posted June 25, 2015 CaptainC, thank you for your guidance also, my stepson has a UK Passport and was born here, and is a Australian Citizen through decent from his mother, but has no passport due to requiring fathers permission. I know this sounds a bit nosey, actually it is nosey! Would you mind keeping us posted of the outcome of this? Obviously not the nitty gritty details, just whether or not you had a successful outcome. Link to comment Share on other sites More sharing options...
Major Tom Posted June 25, 2015 Author Share Posted June 25, 2015 I know this sounds a bit nosey, actually it is nosey! Would you mind keeping us posted of the outcome of this? Obviously not the nitty gritty details, just whether or not you had a successful outcome. I will do, he would have had his sons hand written letter today, my partner was only just saying, I wonder if I get a stroppy email tomorrow! Fingers crossed. thanks for your help all, it's been brilliant! Cheers MT Link to comment Share on other sites More sharing options...
Major Tom Posted July 4, 2015 Author Share Posted July 4, 2015 Hi all, Update to this situation, after all your advise, we sent a recorded letter to said father to ask for two things, one was permission to have a passport, and two was for his permission for my stepson to change his name, as he had already changed it by deed poll. We did not ask about the emigration, and wanted to see what came back. If he had agreed, we could have applied for Oz passport, as we already have UK. whats the next step, is it even worth giving him the heads up about moving, or just continue with C100 form and straight to court? cheers MT Link to comment Share on other sites More sharing options...
Guest Posted July 4, 2015 Share Posted July 4, 2015 I personally think you should tell the father of your plans to emigrate because as it seems you're going to court. When the case comes to court if the father shows up he can say he wasn't asked or told about your plans to emigrate and that may go against you. He's probably already figured out your plans anyway but best to cover yourselves from all bases. Good luck. Link to comment Share on other sites More sharing options...
CaptainC Posted July 4, 2015 Share Posted July 4, 2015 Hi all, Update to this situation, after all your advise, we sent a recorded letter to said father to ask for two things, one was permission to have a passport, and two was for his permission for my stepson to change his name, as he had already changed it by deed poll. We did not ask about the emigration, and wanted to see what came back. If he had agreed, we could have applied for Oz passport, as we already have UK. whats the next step, is it even worth giving him the heads up about moving, or just continue with C100 form and straight to court? cheers MT Hi Major Tom, Thanks for the update on the situation. First of all did you actually receive a reply from the father? Link to comment Share on other sites More sharing options...
Major Tom Posted July 4, 2015 Author Share Posted July 4, 2015 Hi Major Tom, Thanks for the update on the situation. First of all did you actually receive a reply from the father? Hi, Yes, it said my partners name 'To Jackie, No! That was it, but from all accounts, my partner did not directly ask him the question about emigration I was told today, she asked him whether he could approve a passport and to have my stepson change his name to double barrelled (which we have already done by deed poll), which I think we've lost an opportunity TBH! Link to comment Share on other sites More sharing options...
CaptainC Posted July 4, 2015 Share Posted July 4, 2015 Hi, Yes, it said my partners name 'To Jackie, No! That was it, but from all accounts, my partner did not directly ask him the question about emigration I was told today, she asked him whether he could approve a passport and to have my stepson change his name to double barrelled (which we have already done by deed poll), which I think we've lost an opportunity TBH! I think that still everything is on your side. Having been through a similar situation and gone through the courts then the next step is c100. In my opinion you shouldn't contact him again now. You have the proof of registered post letter, you have the short but 'sweet' reply. Let the court deal now. Any contact with him however innocent or reasonable is clearly being met with anger and that may work against you. So, no texts, no letters, no phone calls, nothing. Send him the summons via the c100 and wait, don't engage him in conversation. He's had his chance to be reasonable and it's imperative you leave it to the courts otherwise you can make things difficult for yourself. My advice now is to go to a good and reputable family solicitor and go down the c100 route, they will inform him of the reasons ie emigration, but you should definitely not contact him. Your solicitor will most likely advise the same, but please be guided by their expertise. If you haven't done so already then start collecting evidence, and start a diary of what you've done and when. Link to comment Share on other sites More sharing options...
CaptainC Posted July 4, 2015 Share Posted July 4, 2015 I was just reading through the earlier posts again to refresh myself on your case. I wonder if @Racmac can give you a bit more expert advice. Link to comment Share on other sites More sharing options...
Major Tom Posted July 4, 2015 Author Share Posted July 4, 2015 I was just reading through the earlier posts again to refresh myself on your case. I wonder if @Racmac can give you a bit more expert advice. Thanks @CaptainC for advise, my Mrs was going to go around and chop of his bollocks tonight........ah true Aussie Woman! I have send Racmac a message for some advise, as they advise they were in family law. The trouble is the father not granting a name change throws our Citizenship up in arms, as we registered it in his name changed by deed poll, so I'm not sure whether to go back and see if we can change it to his birth name, so we don't have to fight him for both issues through the courts! Cheers MT Link to comment Share on other sites More sharing options...
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