trace1 Posted March 20, 2010 Share Posted March 20, 2010 My ex husband is staying in England and myself my partner and my children are emigrating to Australia later this year. I need permissin for my two youngest boys to emigrate from their father as they are under 16. He has already said that he is happy for them to go. Is there a special form that needs signing or does he just need to write a letter and sign it in front of a solicitor to state that this is so. Trace Link to comment Share on other sites More sharing options...
nicandjay Posted March 20, 2010 Share Posted March 20, 2010 Hi Having just gone through this you require a statutory decleration form signing by him and witnessing by a solicitor mine cost £84....hey presto off u go !! Link to comment Share on other sites More sharing options...
trace1 Posted March 20, 2010 Author Share Posted March 20, 2010 Hi Having just gone through this you require a statutory decleration form signing by him and witnessing by a solicitor mine cost £84....hey presto off u go !! Thanx for your help :smile: Link to comment Share on other sites More sharing options...
surhythms Posted March 20, 2010 Share Posted March 20, 2010 Yeah I got mine witnessed by a solicitor aswell. The Aussie government just want to make sure you have the right to take your children out of the country. If there is any type of court order it might be a good idea to get this quashed aswell Link to comment Share on other sites More sharing options...
Elizabeth Posted March 21, 2010 Share Posted March 21, 2010 Hi, Is anyone aware of the process when there is a court order in place. It has been about 10 years since my daughters had any contact with their father and I don't know where he is. I have been advised I don't need his permission to take the kids to Aus as we weren't married and the kids were born before May 2006, he doesn't have parental responsibiity. I think there may be a court order in place from 12 years ago. If I bring an action to cancel it would I need to get in contact with him. I'm Worried it will open a can of worms. Link to comment Share on other sites More sharing options...
surhythms Posted March 21, 2010 Share Posted March 21, 2010 Yeah I have been in that situation but my daughter is still in contact with her father. While he doesnt have parental responsibility or guardianship because there was a court order in place I did have to get him to sign a declaration to allow her be removed from the country. We went together and got this witnessed by a solicitor. Also I went to the courts with a letter signed by both of us to state we had come to our own arrangements regarding acccess to my daughter. we live in Ireland so it may be different here. It might be an idea to get some legal advice on the matter if you say he hasnt seen her in such a long time. I was not married either and his name isnt even on her birth certificate. Maybe chaeck with the court to see if the order is still valid. If it isnt well then I dont think he would have any say in the matter but Im not a legal expert so Im not sure. If you dont know where he is you will probably have to sign a declaration to that affect. Dont worry about it too much. I know I did and it was fine. In my case the father was more than happy to sign the document. He has three other kids so it was a bit of a deterrent when getting him to sign the form. Just as a matter of interest who told you that you didnt need permission because your daughter was born before 2006? Suzanne Link to comment Share on other sites More sharing options...
Guest guest36187 Posted March 21, 2010 Share Posted March 21, 2010 Hi, Is anyone aware of the process when there is a court order in place. It has been about 10 years since my daughters had any contact with their father and I don't know where he is. I have been advised I don't need his permission to take the kids to Aus as we weren't married and the kids were born before May 2006, he doesn't have parental responsibiity. I think there may be a court order in place from 12 years ago. If I bring an action to cancel it would I need to get in contact with him. I'm Worried it will open a can of worms. Have done some thread searches for you...... http://www.pomsinoz.com/forum/migration-issues/78270-ex-husband-stopping-children-emigrating.html http://www.pomsinoz.com/forum/migration-issues/57458-help-taking-my-child-out-me.html http://www.pomsinoz.com/forum/south-australia/34743-ex-husbands.html http://www.pomsinoz.com/forum/news-gossip-chat/28436-emigrating-children-broken-marriage.html Link to comment Share on other sites More sharing options...
Elizabeth Posted March 21, 2010 Share Posted March 21, 2010 Yeah I have been in that situation but my daughter is still in contact with her father. While he doesnt have parental responsibility or guardianship because there was a court order in place I did have to get him to sign a declaration to allow her be removed from the country. We went together and got this witnessed by a solicitor. Also I went to the courts with a letter signed by both of us to state we had come to our own arrangements regarding acccess to my daughter. we live in Ireland so it may be different here. It might be an idea to get some legal advice on the matter if you say he hasnt seen her in such a long time. I was not married either and his name isnt even on her birth certificate. Maybe chaeck with the court to see if the order is still valid. If it isnt well then I dont think he would have any say in the matter but Im not a legal expert so Im not sure. If you dont know where he is you will probably have to sign a declaration to that affect. Dont worry about it too much. I know I did and it was fine. In my case the father was more than happy to sign the document. He has three other kids so it was a bit of a deterrent when getting him to sign the form. Just as a matter of interest who told you that you didnt need permission because your daughter was born before 2006? Suzanne Hi Suzanne, I spoke to a Lawyer who said that unmarried fathers in Scotland do not have parental rights for children born before May 2006 (in England I think it's Dec 2003, not sure about Ireland) unless he got them throught the courts or by entering into an agreement with the mother. He also said that he will do a letter quoting local law and that that it allows me to remove the children from the country, I'm within my rights to do so. He thinks that is all that is required for immigration. I got confirmation from the Family Division to prove there are no Parental Responsibility agreements in place in the name of the father. I'm just worried about the court order which my lawyer isn't aware of as he didn't deal with the action. I need to go back and discuss it with him whcih could potentially be a nightmare for me. A part of me thinks I should play dumb and cross my fingers but it would prob come back to bite me. Elizabeth. Link to comment Share on other sites More sharing options...
surhythms Posted March 21, 2010 Share Posted March 21, 2010 Hi Suzanne, I spoke to a Lawyer who said that unmarried fathers in Scotland do not have parental rights for children born before May 2006 (in England I think it's Dec 2003, not sure about Ireland) unless he got them throught the courts or by entering into an agreement with the mother. He also said that he will do a letter quoting local law and that that it allows me to remove the children from the country, I'm within my rights to do so. He thinks that is all that is required for immigration. I got confirmation from the Family Division to prove there are no Parental Responsibility agreements in place in the name of the father. I'm just worried about the court order which my lawyer isn't aware of as he didn't deal with the action. I need to go back and discuss it with him whcih could potentially be a nightmare for me. A part of me thinks I should play dumb and cross my fingers but it would prob come back to bite me. Elizabeth. Hi Elizabeth All immigration are interested in is that you have full responsiblility for your child. Once you have a letter from your lawyer I think you should be fine. In Ireland it is different because if there is any court order in place it restricts you bringing your child out of the country. You always need the fathers permission. That being said my daughter has been out of the country every single year and we never got permission from her dad. Maybe mention it to your lawyer about the court order and see what they say. It was the first thing I got signed when thinking of leaving Ireland because if her father didnt give authorisation there was no point spending all that money on visa applications. Suzanne Link to comment Share on other sites More sharing options...
Guest guest36187 Posted March 21, 2010 Share Posted March 21, 2010 I'm just worried about the court order which my lawyer isn't aware of as he didn't deal with the action. I need to go back and discuss it with him whcih could potentially be a nightmare for me. A part of me thinks I should play dumb and cross my fingers but it would prob come back to bite me. Elizabeth DONT play dumb. Go through everything legally and above board. The last thing you want is to get a visa, get here and then have hassles because you took the kids away without permission!! I wonder about the 2003/2006thing. I have never heard that. Link to comment Share on other sites More sharing options...
Elizabeth Posted March 21, 2010 Share Posted March 21, 2010 DONT play dumb. Go through everything legally and above board. The last thing you want is to get a visa, get here and then have hassles because you took the kids away without permission!! I wonder about the 2003/2006thing. I have never heard that. I completely agree with you, just dreading if I need to go back to court again!! The 2003/2006 thing concerns unmarried parents. In Scotland from May 2006, if the father jointly registered the birth with the mother then he gets all his parental rights. I think the law changed and it became effective in Dec 2003 in England but discuss that with a lawyer. I have a son together, born in 2007 and my partner was present for the registering of the birth which gives him all his parental rights. My daughters were born in 1995 and 1997 and their father was present for the registering of the birth but he does not have any parental rights. Just a change in the law. I'm going on what my lawyer advised me and a quick google search threw up lot's of information. Link to comment Share on other sites More sharing options...
veronica Posted May 19, 2010 Share Posted May 19, 2010 Hi NicandJay, How did you go about getting the statutory declaration?, My ex husband lives in Scotland ,Ihave lived in Leicester with my husband and children for 9 years and he has no contact with our two children aged 15 and 17, I managed to email him and he said he would be more than happy to sign anything and give his permission,Is there a form you can download so I can send it to him and he can sign it in front of a witness,I am a bit concerned that if this involves costing him a single penny he might not do it,Any help would be great,PS congratulations on your Visa Veronica Link to comment Share on other sites More sharing options...
nicandjay Posted May 20, 2010 Share Posted May 20, 2010 Hi Veronica If u PM me your email address i will send you my form that I had signed by the solicitor,, I paid for everything I made an appt with a solicitor and utilised the free hr most offer then told her what i needed ie, letter compiling on headed paper and him to sign in front of a solicitor. Nic Link to comment Share on other sites More sharing options...
Guest FedUp Posted May 20, 2010 Share Posted May 20, 2010 Hi Having just gone through this you require a statutory decleration form signing by him and witnessing by a solicitor mine cost £84....hey presto off u go !! £84!!!! wow, you made the solicitor very happy that day. I paid £5 for mine. But I wrote the stat dec myself and took the ex to a solicitor office so she can sign it. If you write your own statements £5 is the norm. If the solicitor needs to write it for you then it can cost anything from £40 to £100. Link to comment Share on other sites More sharing options...
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