Guest valley Posted July 2, 2010 Share Posted July 2, 2010 Hi there! I've recently landed in Oz with my husband and daughter. My partner has gained a skilled migration visa and myself and my daughter are on tourist visas (as i hadnt met my partner when he made his application). Im looking to apply for the partner visa asap, but i have bno contact with my ex partner and it would be difficult to find him/get him to sign a stat dec. I've read some previous posts and found that i can apply to Her Majestys Court Services to prove that i have sole parental responsibility for my daughter, but i cant find any info on here or their website as to how i go about it? I think i have to write to them and ask them to do a search but does anyone know if there is a standard form to use and how to pay? Any advice greatly welcome!! Valley Link to comment Share on other sites More sharing options...
Peach Posted July 3, 2010 Share Posted July 3, 2010 Any advice greatly welcome!! Valley no offense, but you seemed to have ignored all the advice you were given on your last thread.. Link to comment Share on other sites More sharing options...
_shel Posted July 3, 2010 Share Posted July 3, 2010 And you have in fact already broken the law by abducting the child and removing them from the UK without first obtaining consent from the father. You could be forced by the Australian and/or British Courts to return to the UK to enable the father to exercise his rights as her father. This wont go down well when applying for a visa. It takes a lot more than applying to the British Courts for a PR search. You in fact need a Court Order to allow you to remove the child from the country which will require your attendance at Court and a visit from a Court appointed Social Worker to assess if they think you should be allowed. International parental child abduction PACT - About the Hague Convention The Children's Legal Centre | Abduction | What is the Hague Convention? http://legal-zone.co.uk/remove_a_child_from_the_jurisdiction Link to comment Share on other sites More sharing options...
family of five Posted July 3, 2010 Share Posted July 3, 2010 Does your ex partner have parental responsibility? If he does then you cannot remove the child with his consent for more than 1 month, or maybe at all if there other conditions on your order. If he does have PR then you really should get back to the UK ASAP and sort it out from there. Guess this is not the news you wanted but I have just read your last thread and you said that the permission had been sorted, had it not? Sounds like you have just ingnored advice and done what you want, just hope its not going to come back and bite you in the a**e, don't think it will help will you visa application being as you may have broken the law bringing your child into OZ (if former partner has PR). You really need to get on to a lawyer in the uk to sort out what your route is there and as said before a good agent re your visa, both ASAP. Good luck Tina x Link to comment Share on other sites More sharing options...
Guest valley Posted July 3, 2010 Share Posted July 3, 2010 I haven't 'abducted' my daughter. Her father has no PR. We were never married and his name isn't on the birth certificate and she was born before the recent PR legislation came into place. I'm just finding it difficult to prove he has no PR and thought u may be able to help! Link to comment Share on other sites More sharing options...
family of five Posted July 3, 2010 Share Posted July 3, 2010 I haven't 'abducted' my daughter. Her father has no PR. We were never married and his name isn't on the birth certificate and she was born before the recent PR legislation came into place. I'm just finding it difficult to prove he has no PR and thought u may be able to help! Sorry to add, but even without PR you really needed to get permission BEFORE you left the UK, if not from him then the court. Link to comment Share on other sites More sharing options...
Conniebygaslight Posted July 3, 2010 Share Posted July 3, 2010 I haven't 'abducted' my daughter. Her father has no PR. We were never married and his name isn't on the birth certificate and she was born before the recent PR legislation came into place. I'm just finding it difficult to prove he has no PR and thought u may be able to help! Not sure how that would work-does your ex have contact with your daughter and how old is she? In your previous thread you said that consent was all sorted.....? If your daughter was born prior to the PR legislation came into place, then is that enough for you to prove your ex doesn't have PR although the courts may argue that your daughter has a right to see her father in the UK and order you back. The problem may then be that you can't move back with your new baby as your husband can stop you from taking this child out of Australia. I think that all the other people are saying is that perhaps you really should have got this sorted before you came out- a court really wont accept that you needed to go because of your husband's job-potentially you are in a huge mess....sorry Link to comment Share on other sites More sharing options...
_shel Posted July 3, 2010 Share Posted July 3, 2010 I haven't 'abducted' my daughter. Her father has no PR. We were never married and his name isn't on the birth certificate and she was born before the recent PR legislation came into place. I'm just finding it difficult to prove he has no PR and thought u may be able to help! We are trying to help just as we have tried to before but you chose to ignore it. Sorry but if you have not obtained permission then you have in fact abducted your daughter and you'll find it very difficult to apply for an Order whilst living in Australia and can not get your spouse visa without it! Link to comment Share on other sites More sharing options...
Elliott-Family Posted July 3, 2010 Share Posted July 3, 2010 Hi Valley the address you need is Her Majestys Courts Service, Principal Registry of the family division, Fanily Proceedings Dept. Room 2.11, First Avenue House, 42-49 High Holburn, London WC1V 6NP. You just send them a letter with your childs name and date of birth and ask them to do a search regarding Parental Responsibilty Agreements. if i remember correctly its about £20/40 the phone number is 020 7947 6980 (give them a ring and ask) You are correct in the fact you legally do not require permission from the childs father, morally - thats up to you, we were in the same situation and granted last year a permanent residency visa, all i had to do otherwise was complete a statutory declaration stating i had parental responsibilty. As you are currently on a tourist visa i dont understand how others can say you have abducted your child as you are actually on holiday and i presume have to return to the uk at some point. Regards Claire Link to comment Share on other sites More sharing options...
Peach Posted July 3, 2010 Share Posted July 3, 2010 As you are currently on a tourist visa i dont understand how others can say you have abducted your child as you are actually on holiday and i presume have to return to the uk at some point. Aside from the fact that the tourist visa is just being used as a spring board for an onshore spouse visa. Doesn't sound like a holiday to me.... Link to comment Share on other sites More sharing options...
family of five Posted July 3, 2010 Share Posted July 3, 2010 Hi Valley, I have been looking ionto this more this afternoon, now that the question has been answered re the fact that there is no PR in place. Below is a copy of a letter from a CO re a visa appicaltion, I don't think I need explain what it is saying. I am emailing in regards to the above application for migration. The biological mother is required to provide evidence of trying to contact the biological father of XXXXXX . If the biological father is not contactable as you have advised in your email, please out line the steps taken to establish contact in a statutory declaration or affidavit. This will then be assessed by the case officer, please note that depending on the circumstances it is likely that a legal court order will be required. As I said before think you need to speak to a UK lawyer. The point we are (I think) trying to make is that even if the father does not have PR, does not see your child the court will still need to give their permission for you to have left the UK permently, if for no other reason than for your visa appication. They will want to give the other parent the option to be in contact with their child, he would then be given the option to apply to the courts for the child not to be able to leave the UK. If he does not want that then the court can issue the order. If the father cannot be traced the UK court could give permission and then you would be able to apply for your visa. However, you are already in Oz, so UK courts may not look favourably and as stated may order you back to the UK, the country of habitual residence. English/Welsh law is differnt from Scotish. Where a child is removed from the jurisdiction without agreement it is possible to use the Hague Conventions on Child Abduction (the Hague Conventions), which provide a procedure for the summary return of abducted children. The aim is that the law of the country of habitual residence of the child should be enforced unless specific and somewhat restrictive grounds can be satisfied that the courts in the country of habitual residence should sort out any difficulties that need resolution. While courts must take into account the wishes and feelings of the child, children do not have a right to invoke the Hague Conventions in their own right. Liberty 2010. You really need to get on to the DIAC and a UK lawyer, good luck Tina x Link to comment Share on other sites More sharing options...
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