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Paternal Consent.. Help!


Guest SunshineSmile

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Guest SunshineSmile

Hi Guys,

 

Has any one faced ex refusing consent to bring 16 year old to Oz?

My dilema is this... Do i wait till she is 18, or do i stand up to him and bring him to court? This would mean me re-mortgaging my house to pay for it, and maybe she will be nearly 18 by the time a court decision comes through anyway?

My daughter is furious that he said no, she has no contact with him for the last few months due to his behaviour (he is highly manipulative and controlling, and she is at that age where she is starting to stand up to that)

His "grounds" for refusing are education.. he says that she should finish her education here in Ireland, even though he has showed no interest in how she is doing.

I reassured him that her education would continue in Oz. No go. :realmad:

 

Any help or advice would be really appreciated

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It's a choice only you can make, of course I can't predict, but because of your daughters age and the fact that she wants to go to Oz so strongly, I'd say you had a pretty good chance of getting a court ruling in your favour. You're not alone, we have quite a few members who have been in your position and I'm sure they'll be a good source of support and advice ... have a search through old threads. I don't think it has to cost you a fortune to go to court (I think there are ways to reduce the cost). However, I do remember that people who have gone down this route have said you have to be prepared and have researched education, places to live, why it would be better for her.

 

Good luck

Ali

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Guest michelle in Havant

Hi

 

I am afraid I can't help, but just wanted to wish you good luck! As Ali says I think you would have a strong case as your daughter really wants to go to oz and is 16, so is considered to be old enough to have her say. I saw a similar thread a few days ago, if you can find that there may be some advice on there that can help.

 

If not maybe you could have an initial consultation with a solicitor to see what your options are legally. Quite a few offer a free/reduced consultation.

 

Sorry I couldn't me mor help! wishing you loads and loads of luck!

 

michelle x

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Guest SunshineSmile

Hi Ali!

Unfortunetly the Irish judicial system is VERY expensive compared to the UK. Particularly in matters of child care. However, have taken heart from your words and as we speak my daughter is hopping around the house with the un-justice of it all. Teenagers, huh?!!! Reluctant to stand down to him (again).. Doesnt send my daughter the right messages does it?

Thanks for the support

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Guest SunshineSmile
Hi

 

I am afraid I can't help, but just wanted to wish you good luck! As Ali says I think you would have a strong case as your daughter really wants to go to oz and is 16, so is considered to be old enough to have her say. I saw a similar thread a few days ago, if you can find that there may be some advice on there that can help.

 

If not maybe you could have an initial consultation with a solicitor to see what your options are legally. Quite a few offer a free/reduced consultation.

 

Sorry I couldn't me mor help! wishing you loads and loads of luck!

 

michelle x

Hi Michelle,

Many thanks for that.. Really want to stand up to this, but it could break me financially and prevent us from going to Oz anyway!!! Your right, need to make solicitors appointment in the morning

Regards.. Steph

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Guest michelle in Havant

Hope it goes well, maybe a solicitors letter might do the trick!!!

 

Let us know how you get on.

 

michelle x

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Guest Gollywobbler
Hi Guys,

 

Has any one faced ex refusing consent to bring 16 year old to Oz?

My dilema is this... Do i wait till she is 18, or do i stand up to him and bring him to court? This would mean me re-mortgaging my house to pay for it, and maybe she will be nearly 18 by the time a court decision comes through anyway?

My daughter is furious that he said no, she has no contact with him for the last few months due to his behaviour (he is highly manipulative and controlling, and she is at that age where she is starting to stand up to that)

His "grounds" for refusing are education.. he says that she should finish her education here in Ireland, even though he has showed no interest in how she is doing.

I reassured him that her education would continue in Oz. No go. :realmad:

 

Any help or advice would be really appreciated

 

Hello there

 

Welcome to Poms in Oz.

 

How old is your daughter at present? I believe that if she is 16 or over she is allowed to choose where she wants to live, including deciding to move to Australia, whether or not her father agrees. As far as I know the Republic of Ireland is a signatory to the relevant Hague Convention about this?

 

Best wishes

 

Gill

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That would be excellent Gill if Stephs daughter could choose because of her age.

 

I was going to add Steph, that if you waited until your daughter was slightly older and she remained in full time education then she would still be classed as dependent and able to go on your visa - but if Gills right then that would be an even better outcome.

 

Ali x

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Hello there

 

Welcome to Poms in Oz.

 

How old is your daughter at present? I believe that if she is 16 or over she is allowed to choose where she wants to live, including deciding to move to Australia, whether or not her father agrees. As far as I know the Republic of Ireland is a signatory to the relevant Hague Convention about this?

 

Best wishes

 

Gill

 

My son was 16 and I still had to get his fathers consent.:skepticalxmas: However he did sign, but only because my son was going to stay in the uk to finish college before coming over for uni. But he has a PR visa anyway now.

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Hi, i had the same issue but my daughter is only 7. But i eventually got his consent. I actualy bribed my ex partner by dropping csa and wipping out £4,000 of arrears he had and dropping his weekly maintenance he pays to £30.00.

Hey what some men do for money.

Didnt actualy bother me that much because he has never really paid maintenance as you can tell from arrears but also what he didnt know is that once we leave the uk he wouldnt have to pay maintenance any way.

 

Rachael

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Guest JoanneHattersley

Good Luck with whatever you decide to do . I would be tempted to agree with GIll. AFter the age of 16 or 18 she should be able to choose.

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Guest SunshineSmile

Hi Gill,

Oooooo that has certainly given me something to look into! She is 16 since last month and is more keen to go than me. Dont want a big legal fight over this but decided today that im going to do whatever i can to get us out of here. Thanks so much for the support, it made my day!

Steph

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