Jordan01 Posted October 1, 2016 Share Posted October 1, 2016 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 Quote Link to comment Share on other sites More sharing options...
Jordan01 Posted October 1, 2016 Author Share Posted October 1, 2016 (edited) 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. Edited October 3, 2016 by MaggieMay24 Quote Link to comment Share on other sites More sharing options...
Quoll Posted October 1, 2016 Share Posted October 1, 2016 Yes he does have to give permission - making the assumption that a move to Australia would move away from him of course. If he won't then she will have to go to court to see if she can get a judge to make that decision Quote Link to comment Share on other sites More sharing options...
Quoll Posted October 1, 2016 Share Posted October 1, 2016 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 Quote Link to comment Share on other sites More sharing options...
Bungo Posted October 1, 2016 Share Posted October 1, 2016 I thought that in the UK a 16 year old is allowed to live where they want, thus no permission required. You would be asked to prove this though for vas purposes. Quote Link to comment Share on other sites More sharing options...
Bungo Posted October 1, 2016 Share Posted October 1, 2016 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. Quote Link to comment Share on other sites More sharing options...
Guest Priscilla101 Posted October 2, 2016 Share Posted October 2, 2016 Yes there is a form 1260 (or similar) that the absentee parent has to sign Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted October 2, 2016 Share Posted October 2, 2016 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. Quote Link to comment Share on other sites More sharing options...
Jordan01 Posted October 2, 2016 Author Share Posted October 2, 2016 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. Quote Link to comment Share on other sites More sharing options...
Jordan01 Posted October 2, 2016 Author Share Posted October 2, 2016 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. Quote Link to comment Share on other sites More sharing options...
Gbye grey sky Posted October 2, 2016 Share Posted October 2, 2016 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. Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted October 2, 2016 Share Posted October 2, 2016 (edited) 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. Edited October 2, 2016 by Sammy1 Quote Link to comment Share on other sites More sharing options...
Jordan01 Posted October 2, 2016 Author Share Posted October 2, 2016 Thanks for the reply. Just to clarify..........Yes the daughter is currently 15 but will be 16 in 4 weeks time so she will be 16 when we go. Quote Link to comment Share on other sites More sharing options...
Quoll Posted October 2, 2016 Share Posted October 2, 2016 Think the requirements are for children under 18 so you will still need to jump through hoops Quote Link to comment Share on other sites More sharing options...
Quoll Posted October 2, 2016 Share Posted October 2, 2016 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. It's nothing to do with your visa agent, a family law solicitor would have the expertise Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted October 2, 2016 Share Posted October 2, 2016 There are a number of people here who have had to go through the court system. I hope they post soon with some helpful advice for you with regards to the process. Good luck. Quote Link to comment Share on other sites More sharing options...
Quinn Posted October 2, 2016 Share Posted October 2, 2016 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. Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted October 2, 2016 Share Posted October 2, 2016 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. Quote Link to comment Share on other sites More sharing options...
Quoll Posted October 2, 2016 Share Posted October 2, 2016 (edited) 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 Edited October 2, 2016 by Quoll Quote Link to comment Share on other sites More sharing options...
Racmac Posted October 2, 2016 Share Posted October 2, 2016 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 Quote Link to comment Share on other sites More sharing options...
Jordan01 Posted October 2, 2016 Author Share Posted October 2, 2016 Thanks for all the advice :wink: Quote Link to comment Share on other sites More sharing options...
Ferrets Posted October 2, 2016 Share Posted October 2, 2016 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!! Quote Link to comment Share on other sites More sharing options...
Jordan01 Posted October 3, 2016 Author Share Posted October 3, 2016 Thanks Racmac and all others, any suggestions are much appreciated. Quote Link to comment Share on other sites More sharing options...
wrussell Posted October 4, 2016 Share Posted October 4, 2016 Is there a way that her daughter can arrive in Australia with her British passport Only by renouncing her Australian citizenship and successfully applying for a visa - not recommended. Quote Link to comment Share on other sites More sharing options...
Wei Shu Posted October 4, 2016 Share Posted October 4, 2016 (edited) 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 Edited October 4, 2016 by Wei Shu Quote Link to comment Share on other sites More sharing options...
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