permission from ex

[Flo&max]

Hi!

I am looking at relocating with my 2 kids and husband within the next 2 years. We haven't got a plan as such in place yet, but we are thinking either WA or QLD as we have friends living in both states. We plan on applying for a skilled visa as I am a RN. I have a child from a previous relationship and am aware I will need to have her dad sign a 1229 form.

I have a feeling he will throw a spanner in the works and refuse to consent meaning I will have to go down the route of mediation and maybe even court. Which from what I have read is a long winded process and the court wont always grant permission.

She is 4 and there has been no contact at all in the over 2 years now so I wont be taking her away from a bonded relationship. We were at court previously for contact but daughter didn't take well to it so judge granted indirect contact which her father has never followed as no contact has been attempted. 

I am hoping someone could advise on what I will need to present to the court to prove moving is in the childs best interest? I am aware I will have to show I am willing to allow contact to take place via skype/phonecalls/emails etc.

It would be great to get an insight into others who have experienced the court process as I really have no idea what to expect. I would really appreciate any guidance on what to include!

 

[Marisawright]

If you hope to move in the next 2 years then get the ball rolling now. The visa process itself takes about a year and the court process could take a year before that 

[ali]

I haven't been in that situation, but from reading what others have written it can be an draining process.  Do you still have contact with your ex - is it worth testing the water and asking  if he would consent.  Does he pay child support?  Some people have told their ex they'll no longer have to pay this and the ex has given consent.  Does your daughter have any relationship with his extended family - grandparents/aunts etc.,

People have researched areas, schools and had this information for court.  The important question for you to ask yourself is why you think it will be a better life for your child.  Ensuring you have how you would maintain contact, sending school reports etc., is important in addition to how any physical contact will take place - will you take her to the UK for holidays and how often (it may be your ex would never take you up on it), but for the court you need to demonstrate your willingness to maintain that relationship.  

[Ausvisitor]

10 minutes ago, ali said:

I haven't been in that situation, but from reading what others have written it can be an draining process.  Do you still have contact with your ex - is it worth testing the water and asking  if he would consent.  Does he pay child support?  Some people have told their ex they'll no longer have to pay this and the ex has given consent.  Does your daughter have any relationship with his extended family - grandparents/aunts etc.,

People have researched areas, schools and had this information for court.  The important question for you to ask yourself is why you think it will be a better life for your child.  Ensuring you have how you would maintain contact, sending school reports etc., is important in addition to how any physical contact will take place - will you take her to the UK for holidays and how often (it may be your ex would never take you up on it), but for the court you need to demonstrate your willingness to maintain that relationship.  

REMO - the laws that govern child support still apply to a UK child living in Australia so the ex would still be liable to maintainence payments anyway.

The parents cannot unilaterally just decide between them to stop paying this, only a court order can quash the requirement to make these payments. You could ask the court to stop them, but the court won't agree unless it is sure that it is in the best interests of all (mainly the child).

Note: once you voluntarily ask for these payments to be stopped, you can't then go back to court and ask for them to be restarted, so be very sure you want to "let him off" his responsibilities before you do this. (Not wanting to put a dampener on things the child in this thread is 4, that means the last relationship broke down somewhere in the last 5 years, there are still 14 years of childhood to go, what if this relationship lasts a similar amount of time and then the OP is a single parent but not able to get maintainence from the current EX because they voluntarily asked for them to be stopped)

To the OP, this is a potential minefield, as well as a migration agent (to guide you through the pitfalls of a child emigrating with only one parent) I'd also suggest you want to retain the services of family law solicitor as well. You need to do this correctly, if you cut a corner and don't do it right you can end up in a whole heap of problems.

[Flo&max]

1 minute ago, ali said:

I haven't been in that situation, but from reading what others have written it can be an draining process.  Do you still have contact with your ex - is it worth testing the water and asking  if he would consent.  Does he pay child support?  Some people have told their ex they'll no longer have to pay this and the ex has given consent.  Does your daughter have any relationship with his extended family - grandparents/aunts etc.,

People have researched areas, schools and had this information for court.  The important question for you to ask yourself is why you think it will be a better life for your child.  Ensuring you have how you would maintain contact, sending school reports etc., is important in addition to how any physical contact will take place - will you take her to the UK for holidays and how often (it may be your ex would never take you up on it), but for the court you need to demonstrate your willingness to maintain that relationship.  

Yes, I was reading through several peoples posts about how long the process can be so I was wanting to get a little more info before I sent the 1229 form so I am as prepared as possible!

He does pay child support, but that definitely wouldn't appeal to him enough to consent unfortunately.

I lived/travelled in Australia when I was younger for several years and I absolutely loved it. The outdoor lifestyle which we can't have in the UK, the multicultural society, how welcoming and friendly everyone is and just in general how there is such a healthier, more active lifestyle. I have looked at the education system but not specific schools as we are a little way away from that yet, but I have found that the overall scores are higher than the UK too. There's no contact with anyone on her fathers side of the family. So I am hoping this will also go in my favour?

I will definitely need to sit down and have a good think about specific things that will make it a better life for the children to help me in court.

We still have family in the UK so we will be coming back for holidays esp. around Christmas time. My husband is an only child and so our child is the only grandchild and my grandparents wouldn't be fit for the journey to us.

I understand I have to be seen to be reasonable so I would be more than happy for her to skype her dad/email/letters etc but I don't think he will keep it up because he isn't doing it now.

[Marisawright]

The other thing to do is to assess your chances of getting a visa. Nursing is very competitive in Australia now and there’s even talk of it being taken off the skilled list

[Ausvisitor]

1 minute ago, Flo&max said:

Yes, I was reading through several peoples posts about how long the process can be so I was wanting to get a little more info before I sent the 1229 form so I am as prepared as possible!

He does pay child support, but that definitely wouldn't appeal to him enough to consent unfortunately.

I lived/travelled in Australia when I was younger for several years and I absolutely loved it. The outdoor lifestyle which we can't have in the UK, the multicultural society, how welcoming and friendly everyone is and just in general how there is such a healthier, more active lifestyle. I have looked at the education system but not specific schools as we are a little way away from that yet, but I have found that the overall scores are higher than the UK too. There's no contact with anyone on her fathers side of the family. So I am hoping this will also go in my favour?

I will definitely need to sit down and have a good think about specific things that will make it a better life for the children to help me in court.

We still have family in the UK so we will be coming back for holidays esp. around Christmas time. My husband is an only child and so our child is the only grandchild and my grandparents wouldn't be fit for the journey to us.

I understand I have to be seen to be reasonable so I would be more than happy for her to skype her dad/email/letters etc but I don't think he will keep it up because he isn't doing it now.

I know it's difficult but by far the simplest solution here is a "full and frank" discussion with the Ex to explain what you want and understand what he wants.

The courts will be keen to see that you have attempted to solve this yourselves and are only asking them to rubber-stamp your joint wishes rather than asking them to make the decision for you. In all cases where you come into court asking for a decision to be made, you run the risk of them deciding the current status quo is in the best interests of the child (on the basis of isn't broke don't mess with it)

[Ausvisitor]

Just now, Marisawright said:

The other thing to do is to assess your chances of getting a visa. Nursing is very competitive in Australia now and there’s even talk of it being taken off the skilled list

Thats a good point Marisawright. 

Flo&max, have you assessed what your points total might be (and whether you are relying on max english points to get that total - it is harder than you'd think to get superior english in the assessment)

[Flo&max]

1 minute ago, Ausvisitor said:

I know it's difficult but by far the simplest solution here is a "full and frank" discussion with the Ex to explain what you want and understand what he wants.

The courts will be keen to see that you have attempted to solve this yourselves and are only asking them to rubber-stamp your joint wishes rather than asking them to make the decision for you. In all cases where you come into court asking for a decision to be made, you run the risk of them deciding the current status quo is in the best interests of the child (on the basis of isn't broke don't mess with it)

Absolutely I will of course try to reason with him as I don't want to be spending an small fortune on court/lawyer fees that might potentially result in being told we have to stay put

[Flo&max]

28 minutes ago, Ausvisitor said:

Thats a good point Marisawright. 

Flo&max, have you assessed what your points total might be (and whether you are relying on max english points to get that total - it is harder than you'd think to get superior english in the assessment)

No I haven't as yet, it's all a bit confusing if I am honest! We have really just talking between ourselves to discuss our options in the last few months. My husband is also a qualified joiner by trade although he hasn't worked as one for many years. If needs be he could get back into it again for a few years and we could go on his trade rather than my being a nurse?

[Ausvisitor]

3 hours ago, Flo&max said:

No I haven't as yet, it's all a bit confusing if I am honest! We have really just talking between ourselves to discuss our options in the last few months. My husband is also a qualified joiner by trade although he hasn't worked as one for many years. If needs be he could get back into it again for a few years and we could go on his trade rather than my being a nurse?

Suggest you invest 5 minutes filling this out.

https://immi.homeaffairs.gov.au/help-support/tools/points-calculator

If you don't reach the required points level here it is likely your dream isn't even an option and so you can avoid the difficult conversation altogether, if it comes back as possible, I would recommend you have a brief chat with @paulhand @Alan Collett who are migration agents and see if they have any thoughts on how likely your case is to result in a positive application

 

The 189 option is for migration without any state sponsorship

190 & 491 is the calculator for if you intend to get state sponsorship 

(Note for state sponsorship Registered Nurse - Medical is only available as 491 in QLD in the states you are interested in)

[ali]

9 hours ago, Ausvisitor said:

REMO - the laws that govern child support still apply to a UK child living in Australia so the ex would still be liable to maintainence payments anyway.

The parents cannot unilaterally just decide between them to stop paying this, only a court order can quash the requirement to make these payments. You could ask the court to stop them, but the court won't agree unless it is sure that it is in the best interests of all (mainly the child).

Note: once you voluntarily ask for these payments to be stopped, you can't then go back to court and ask for them to be restarted, so be very sure you want to "let him off" his responsibilities before you do this. (Not wanting to put a dampener on things the child in this thread is 4, that means the last relationship broke down somewhere in the last 5 years, there are still 14 years of childhood to go, what if this relationship lasts a similar amount of time and then the OP is a single parent but not able to get maintainence from the current EX because they voluntarily asked for them to be stopped)

To the OP, this is a potential minefield, as well as a migration agent (to guide you through the pitfalls of a child emigrating with only one parent) I'd also suggest you want to retain the services of family law solicitor as well. You need to do this correctly, if you cut a corner and don't do it right you can end up in a whole heap of problems.

I understand that, but it has been done in the past,  I know someone who said that this was 'the price' that's been paid

[Marisawright]

9 hours ago, Flo&max said:

No I haven't as yet, it's all a bit confusing if I am honest! We have really just talking between ourselves to discuss our options in the last few months. My husband is also a qualified joiner by trade although he hasn't worked as one for many years. If needs be he could get back into it again for a few years and we could go on his trade rather than my being a nurse?

Yes, it is very confusing.   The easiest option is to have a free initial consultation with one of the agents Ausvisitor mentions.  They won't do a detailed analysis for free, but if your chances aren't good, they'll be honest and tell you. 

The 189 visa (which lets you come to Australia and work anywhere) is becoming very difficult to get.  Although you are allowed to apply with only 65 points, in practice you'll be throwing your money away.  It's a competition not a queue - they cherrypick the people with the highest points.  Currently you don't stand a snowball's chance if your score is below 90. 

The 190 visa means you are sponsored by one of the states and you are supposed to live in that state - but it's not a legal requirement to do so.  The states are getting fed up of people applying for 190's just to get into the country, with no intention of ever living in the sponsoring state. So they're not awarding 190's as often. 

There is a visa called the 491, which means you are sponsored by one of the states but it's provisional.  That's like being on probation.  You have to live and work in the sponsoring state, in a regional area (i.e. not in the capital city) for four years before you can get a full permanent visa.  If you don't meet those obligations, your visa gets cancelled.