Monks

[Monks]

Hi there ? 

I'm looking for some advice really. I have full parental responsibility and my sons father doesn't. Despite the father not having the legal right in the UK to give his permission for his son to emigrate, has anyone just had to obtain a statement from a solicitor stating UK law and parental responsibility and if so has that been accepted by the CO? 

Any help/advice would be really appreciated ?

 

[VERYSTORMY]

You would need either permission or a court order

[Monks]

Hi there

 

Thanks for your reply. Have you been through this situation? How did you get on? reading the DIAC policy and Australian law it states the minister must be satisfied of one of the following.

 

The law of the applicants home country permits the removal of the child (yes it does) 

Each person can lawfully determine where the child lives (I do) 

i would assume from the above that I satisfy both of the criteria. How can someone's permission be required when he doesn't have the rights to give that permission in the first place.?

 

thanks