Vicci Carroll Posted September 23, 2015 Share Posted September 23, 2015 Hi, could anybody advise me on how it stand with my children's dad in terms of parental responsibility. We have never been married, been separated 12 years and he has not seen the children since. Both boys were born before December 2003, however he is named on their birth certificate. I am hoping to emigrate next year, however have been informed I still may need his permission to do so. Does anyone know if this is correct? Quote Link to comment Share on other sites More sharing options...
Bungo Posted September 23, 2015 Share Posted September 23, 2015 You will certainly need permission or a court ruling. Do you think that would be an issue under the circumstances you have described? Quote Link to comment Share on other sites More sharing options...
Vicci Carroll Posted September 23, 2015 Author Share Posted September 23, 2015 Yes, we've not seen or heard from him for 12 years so would be unable to obtain this personally, the other issue that is a worry is that whether it be via courts or any other way he would not agree purely out of spite. He has no interest in the children at all. Quote Link to comment Share on other sites More sharing options...
Bungo Posted September 23, 2015 Share Posted September 23, 2015 So if you have not seen or heard from him in twelve years how do you know he will be spiteful? People can change a lot in twelve years, even if he were spiteful before. Are you definitely eligible for a visa? I would recommend checking that out and then if you are you might as well get the ball rolling with a family solicitor. Quote Link to comment Share on other sites More sharing options...
Vicci Carroll Posted September 23, 2015 Author Share Posted September 23, 2015 Yes I definitely qualify. He really hasn't changed, he has further children that he has left behind too and as far as I am aware is still at it!! I do have an appointment booked but thought I would ask incase anyone had any different information or knew something I'd missed... Thank you for your help Quote Link to comment Share on other sites More sharing options...
CaptainC Posted September 23, 2015 Share Posted September 23, 2015 Your former partner will not have parental responsibility unless you were married before the children were born or he has an order giving him the responsibility. The rules changed since 1st December 2003, which I'm sure you are aware of due to the date that you put in your original post. The department may request that he gives permission for the migration, but due to the lack of his parental responsibility, he cannot legally give that permission anyway, because it's not his to give. However, the fact that he is listed on the birth certificate would not help your cause because the department can assume that he does have the responsibility and ask you to prove otherwise. A family solicitor may be able to write a statement that the parental responsibility for the child rests solely with you but a court order would be more effective. For a court order your ex partner would not have to be present, nor even informed as it is none of his business (in law anyway). Quote Link to comment Share on other sites More sharing options...
Vicci Carroll Posted September 23, 2015 Author Share Posted September 23, 2015 Ahh thank you, that was what I was thinking when i had mentioned the date there, however with him being named on the certificates I was a little unsure. That is a huge help thank you so much... You've given me my hope back!!! .... I do have an appointment booked but have been so anxious waiting I had to ask.. I will discuss this with them.. Thanks again ... A lot!! Quote Link to comment Share on other sites More sharing options...
CaptainC Posted September 23, 2015 Share Posted September 23, 2015 Ahh thank you, that was what I was thinking when i had mentioned the date there, however with him being named on the certificates I was a little unsure. That is a huge help thank you so much... You've given me my hope back!!! .... I do have an appointment booked but have been so anxious waiting I had to ask.. I will discuss this with them.. Thanks again ... A lot!! No worries. FYI I'm a single father and it was difficult for me with the mother being the absent one but it was a simple process in court once it was prepared. My friend also went through this and she just signed a statutory declaration that the father was gone, didn't know how or where to find him etc. If that's the case with you it will be an option. Speak to the solicitor anyway and see what they think. Quote Link to comment Share on other sites More sharing options...
Vicci Carroll Posted September 23, 2015 Author Share Posted September 23, 2015 I will discuss this with the solicitor, thank you so much Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 24, 2015 Share Posted September 24, 2015 I will discuss this with the solicitor, thank you so much It is unlikely that a solicitor would have a motherless clue. Here are the applicable migration regulations: 4015 The Ministeris satisfied of 1 of the following: (a) the law of the additional applicant's home country permits theremoval of the additional applicant; (b) each person who can lawfully determine where the additionalapplicant is to live consents to the grant of the visa; © the grant of the visa would be consistent with any Australian childorder in force in relation to the additional applicant. 4016 The Ministeris satisfied that there is no compelling reason to believe that the grant ofthe visa would not be in the best interests of the additional applicant. Note my highlighting. Show this to you solicitor and where the welfare of your children is concerned, may I suggest you do not rely on advice from unqualified people on various public forums? Quote Link to comment Share on other sites More sharing options...
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