Wishful Posted May 16, 2009 Share Posted May 16, 2009 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 Link to comment Share on other sites More sharing options...
Wishful Posted May 26, 2009 Author Share Posted May 26, 2009 No one has replied so just posting this so it puts it at the top !!!!! Link to comment Share on other sites More sharing options...
Guest Guruju Posted May 26, 2009 Share Posted May 26, 2009 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 Link to comment Share on other sites More sharing options...
Guest Guruju Posted May 26, 2009 Share Posted May 26, 2009 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 Link to comment Share on other sites More sharing options...
Quoll Posted May 26, 2009 Share Posted May 26, 2009 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. Link to comment Share on other sites More sharing options...
Wishful Posted May 27, 2009 Author Share Posted May 27, 2009 thank you that would be great I will have a look myself im in NSW Link to comment Share on other sites More sharing options...
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