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How old do children have to be to make own mind up about living in uk ???


Wishful

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Would REALLY appreciate help. Short version of story came to Oz in 1986 when was 17 settled for short periods of time but always wanted to go home now have 2 kids with x-husband who is aussie am taking them to Uk in 2013 when they will be 15 and 13 IF and I know it a big if....they wanted to stay what would the chance be of the courts saying we could....x hubby would oppose....any body done anything similar .......thank you so much xx

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  • 2 weeks later...
Guest Guruju

Hi Wishful

 

Not sure if you have used the search facility on PIO? There have been some other threads on this topic including links to key sources of information as well as real life stories of what happened when kids were taken back to UK etc. I'll see if I can find some and send you the links.

 

Which state are you in?

 

Cheers

 

Julia

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Guest Guruju

Hi Wishful you may need to look at the IMMI website - here's some information

 

 

Custody requirement

 

 

The department will seek to ensure that allowing a child to

migrate is not in contravention of Australia’s international

obligations in relation to the prevention of child abduction. If

your application includes a child aged under 18 years and the

child’s other parent is not migrating with you or there is any

other person who has the legal right to determine where the

child can live, you will need to provide a statutory declaration

from each of them giving permission for the child to migrate.

Alternatively, you can provide a certified copy of a valid court

order showing that you/your spouse has the legal right to

remove the child from their home.

 

You may need to seek legal advice if your OH is not willing to sign a stat dec okaying the trip.

 

Regards

 

Julia

 

 

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I'd be guessing but they usually take the kids wishes into account for custody issues when they are an early teen but not always then. I'd say you would probably have to wait until they were 16 before they could do just what they want. Of course that is a horrible age to be trying to start in a new education system, and one, moreover, which is far more rigorous than the one they will have been swanning along in. Of course, 18 is the age of majority but I defy any parent to keep a 17 year old where s/he doesnt want to be.

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