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Does divorced father have to give permission for daughter to leave U.K?


Jordan01

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Hi Everyone

 

We are in the final stages of our 309/100 and have come across a problem, was wondering if anyone can advise please?

My wife is due to go to London with her daughters Australian passport application on the 18th October ready for when we go but at the last minute, her father will not sign the passport application form!!! (Her daughter has Australian citizenship)

 

Is there a way that her daughter can arrive in Australia with her British passport or is there a way we can apply to the local court to make him sign?

My wife's daughter will be 16 when we go, and her father has pretty much nothing to do with her and certainly does not make much financial contribution towards the upbringing of her (£20 here and there but no regular payments)

 

Any advice would be greatly appreciated.

Thanks

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Hi Everyone

 

We are in the last stages of our 309/100 and i was just wondering......

 

My wife and her daughter (16yrs old) both have Australian citizenship. My son and I are both awaiting completion of our visas at this stage and then we are all off to Brisbane.

 

Does my wives ex husband have to give permission for his daughter to leave U.K to move to Australia with us or can we just go to the airport and leave? He does not give any regular contributions towards her upbringing and rarely sees her.

 

Any advice would be appreciated.

 

Thanks

 

Moderator comment: I've merged your two threads together since they are getting some related responses.

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As the daughter is 16 it is unlikely that a court would say she has to stay if she doesn't want to but he might, quite rightly, make an argument that moving her in her final years of education is potentially detrimental. No she cannot enter Australia on her UK passport! All Australian citizens must use an Australian passport if they enter the country - as citizens they cannot get a visa for Aus entry.

 

I think you will have to start court proceedings pretty smartish if you intend to keep to that time frame

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Hi Everyone

 

We are in the final stages of our 309/100 and have come across a problem, was wondering if anyone can advise please?

My wife is due to go to London with her daughters Australian passport application on the 18th October ready for when we go but at the last minute, her father will not sign the passport application form!!! (Her daughter has Australian citizenship)

 

Is there a way that her daughter can arrive in Australia with her British passport or is there a way we can apply to the local court to make him sign?

My wife's daughter will be 16 when we go, and her father has pretty much nothing to do with her and certainly does not make much financial contribution towards the upbringing of her (£20 here and there but no regular payments)

 

Any advice would be greatly appreciated.

Thanks

 

Her citizenship and her fathers irregular financial contributions are irrelevant. There are laws about removing children from the country they reside in and you cannot get around those laws by using different passports or visas. Your post suggests she is not 16 yet in which case you would need to go to court but no it will not be "to make him sign" it will be to do whatever is in her best interest.

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I think you need to go to court (for peace of mind) even if he does change his mind and sign a passport.

 

The simple reason being, that he could argue that he has signed the passport so that she can have a holiday, not so that she can come here to live.

 

You need it in writing at the very least that he gives permission for her to move here.

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Hi All

 

Thank you so much for all the replies, I think i need to get onto my visa agent tomorrow and ask them the best way forward.

 

Might be worth asking the agent why he/she did not highlight this issue earlier in the process. Partner visas are generally straightforward and this problem would be one of the few possibilities where they could earn their fee.

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Might be worth asking the agent why he/she did not highlight this issue earlier in the process. Partner visas are generally straightforward and this problem would be one of the few possibilities where they could earn their fee.

 

Possibly because the daughter already has an Australian citizenship and so did not need to go on any visa application? The agent may not have known the Father was likely to refuse the passport application.

 

Edit: Oh, I just realised that I got this post mixed up with the OP's other post where he states the Father has refused to sign the initial passport application.

 

Anyway, in answer to the question posed here. No, you cannot just leave the country to move to the other side of the world without formal permission from the Father, or if needed, the courts. In your other post you indicated the daughter is still 15 years old, so best to get advice legally.

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You could try ringing the Australian consulate and ask for their advice. Theoretically she should use an Australian passport to enter Australia but if she turned up at the border with a British passport but had proof of Australian citizenship she wouldn't be denied entry.

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You could try ringing the Australian consulate and ask for their advice. Theoretically she should use an Australian passport to enter Australia but if she turned up at the border with a British passport but had proof of Australian citizenship she wouldn't be denied entry.

 

Bad advice. The daughter cannot leave the UK without the permission of the Father - it would open up all sorts of problems for the OP if that occurred.

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You could try ringing the Australian consulate and ask for their advice. Theoretically she should use an Australian passport to enter Australia but if she turned up at the border with a British passport but had proof of Australian citizenship she wouldn't be denied entry.

Not only would she be denied entry, she would be refused entry onto the plane and, as had been said, the mother could be had up in court for abduction if she tried and dad refused to give permission for her to leave. The Australian High Commission would be the last to call for advice on a UK family law issue

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You need to go to mediation and get an appointment. Either he turns up and you get him to agree or mediation signs the form and you issue an urgent application to court.

 

download c100 form and pay fee of £215, the court will list for a hearing date in about 6 weeks time. Cafcass will call on the phone and prepare a safeguarding letter in readiness for the hearing. Depending on the outcome of that letter depends on next steps.

 

if cafcass want a section 7 report then that will take another 8 weeks, if they don't want one it will be listed for a final hearing.

 

Hope that helps

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Think the requirements are for children under 18 so you will still need to jump through hoops

 

There are two threads going on this so might be best to merge / stop using this one.

 

Some posters here have been through this, but my understanding is that at 16 the child can make the decision irrelevant of non consent of one parent. Family law expert needed!!

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Since daughter has a passport already, she is free to travel, regardless of whether under or over age of 16, unless she is on the prevention list.

 

You would certainly required to seek your ex's permission to remove/relocate your daughter, even if under UK law, daughter can make her own decision once turned 16, it still advisable.

 

Remove a minor without other parent/legal guardian's consent is a serious matter.

 

An Australian Citizen can be granted a visa and travel to Australia on a UK passport, however, application for a visa will still need all parents/legal guardians to sign to my knowledge.

Hi Everyone

 

We are in the final stages of our 309/100 and have come across a problem, was wondering if anyone can advise please?

My wife is due to go to London with her daughters Australian passport application on the 18th October ready for when we go but at the last minute, her father will not sign the passport application form!!! (Her daughter has Australian citizenship)

 

Is there a way that her daughter can arrive in Australia with her British passport or is there a way we can apply to the local court to make him sign?

My wife's daughter will be 16 when we go, and her father has pretty much nothing to do with her and certainly does not make much financial contribution towards the upbringing of her (£20 here and there but no regular payments)

 

Any advice would be greatly appreciated.

Thanks

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