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Chickbock

Permission to take 16 year old?

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Hi,

 

A few years ago when we were enquiring about emigrating we were advised that we did not need the permission of the biological father. Y an agent. Now we are going through the process same migration agent has said we do.

 

Does anyone have any experience with this they can share?

 

 

 

 

 

 

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Of course you will need the father's permission. If it is not given you will need to go to court.

I'm sure you wouldn't expect the father to be able to take your child overseas permanently without your permission would you ?

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I think the legal age of majority is 18 though isn’t it? 

If he is on the birth certificate then you will probably need permission.

If he won’t agree then you need to go to court. A UK court will usually ask the child’s feelings about this as well when they are this age. As with anything court really should be an absolute last resort.

The advice from your agent might have changed if any laws have changed in that time, just thinking out loud.

16 is a tough age to move with education etc. Good luck.

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The other thing is you have to account for Australian law as well. At 16 I think Australia would want to know if permission has been given for a dependent child to leave their home country by an identified parent. Australia need this up to the age of 18 I think.

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You will need to get permission from the child's father - have you asked them?  If they say yes, it's as simple as getting a stat dec signed and witnessed by a solicitor.  If not, then you would have to go to court - whilst at 16 the court will take into consideration the feelings of the child, it will be up to you to provide evidence of why a move to Australia is better for the child.  Many people include how they will ensure they keep in touch with the absent parent - going back to the UK for holidays etc.

It's a difficult one, I think for the absent parent too ... I met someone whose partner had agreed for her to bring their child to Aus, her worries were that at some point her child would resent her for taking her away and not allowing her to have a relationship with her dad - or that she would resent her dad for not loving her enough to want to make her stay.

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30 minutes ago, ali said:

You will need to get permission from the child's father - have you asked them?  If they say yes, it's as simple as getting a stat dec signed and witnessed by a solicitor.  If not, then you would have to go to court - whilst at 16 the court will take into consideration the feelings of the child, it will be up to you to provide evidence of why a move to Australia is better for the child.  Many people include how they will ensure they keep in touch with the absent parent - going back to the UK for holidays etc.

It's a difficult one, I think for the absent parent too ... I met someone whose partner had agreed for her to bring their child to Aus, her worries were that at some point her child would resent her for taking her away and not allowing her to have a relationship with her dad - or that she would resent her dad for not loving her enough to want to make her stay.

All valid points here that go beyond the law. 

It really is going to depend on the nature of your relationship with your child’s dad and what relationship he has with his child. Each situation is unique.

If there is no relationship he may just say yes because he doesn’t care but he might also say no just to be an arse.

@Parley put it bluntly but his statement stands. Would you let the other parent take your child to the other side of the world?

Either way you are going to be asked to provide evidence of consent to remove I would think. Especially as your agent has said this. Is the agent MARA registered and have you got a second opinion if you are not already fully signed up with them? There are always going to be specific details of your situation that may or may not make a difference but I think we all agree you’ll need his consent.

 

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Thanks all for you responses. I would hate someone to take my child to the other side of the world but if that’s what my child wanted.....

In all reality by the time the visa is granted she would be 17 anyway and potentially even 18 when we actually move.

My job more than likely won’t be on the list then though.

I suppose we will just ask him, who knows he may even say yes. (He wants to move to Spain in the future anyway with his wife)

Does anyone know how long a 1229 form is valid for after being signed and witnessed?

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Some jurisdictions permit the removal of 16-year-old children without a consent of a non custodial mparent or a court order, which is all you need. Ask your agent to send you a copy of the relevant regulation.

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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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This was the response when sending a link about not needing the permission for a 16 year old....

“thanks for the email. Whilst that may be the case regarding UK law, the Aussies will not grant the visa without a signed consent form or a court order, I am afraid.

Perhaps this is something you to sort out before throwing good money after bad.

Will put your file on hold for now, pending further instruction. “

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Quote

the Aussies will not grant the visa without a signed consent form or a court order, I am afraid. 

This is wrong.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Australia have to be satisfied that the rules of the country of current residence are satisfied, not Australian rules.  In the UK the age is 16.  Sometimes immigration need to be reminded of this, a solicitors letter stating the facts and UK regulations should suffice.

Westly I think has experience of this, maybe your current agent doesn’t.  He needs to check the legislative instruments for migration and the UK law.

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Thank you wrussell and rammygirl. If I wanted a definitive answer ( I know it is written but obviously this is open to interpretation as we have seen) would you think the UK Australian embassy could advise me over the phone?

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2 minutes ago, Chickbock said:

Thank you wrussell and rammygirl. If I wanted a definitive answer ( I know it is written but obviously this is open to interpretation as we have seen) would you think the UK Australian embassy could advise me over the phone?

It’s not their place to. I’d not take advice from there as reliable.

Honestly, you may need to seek proper legal advice and pay for it to ensure you are doing everything properly and not risking stuffing things up.

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I paid a MARA agent for a consultation (the one with the response above). Is it a regular family solicitor I would need to consult?

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“Our experience is that a form is to be completed with up to date contact details for the non migrating parent, or a Court Order is needed.

In the absence of a Court Order the Department has been contacting the non migrating parent, and speaking with him/her before visas are granted.”

This is another opinion from a different MARA agent.

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A court order is not a migration agents domain that I am aware of.

I imagine you will need legal advice and possibly representation from someone in the legal profession who specialises with this sort of thing. 

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It is not open to interpretation. The Hague convention regarding child abduction only applies to children under 16. People have been granted visas on this basis. 

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Westly Russel is a MARA agent. The problem is often the CO requesting the information defaults to safe mode they need reassurance that no law is being broken. 

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Yes his signature has his MARA number and website 

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