Scottish Law, no parental resposibilty after 16

[veronica]

Hi , just wondering if anyone else has experience in taking children to australia who are under 18 without fathers permission, my son is 17 and daughter 16 we have decided to apply for a 176 family sponsor visa as we could be waiting months for the SMP's to be released, anyway months ago I managed to get in touch with my Ex huband (who has had no contact with them for years, we moved to England 9 years ago) he agreed he would get a statutory declaration signed giving permission for them to live in Australia, I even sent him a form with all the appropriate details all he has to do is get is signed in front of a solicitor,since them I have sent messages asking when I will get it with no response. As both my children were born in Scotland, the Scottish Law states that once a child reaches the age of 16 the parental responsibilties cease,except for guidance until they reach 18,therefore my question is that on the visa application form , the question "Does any other person have custodial,access or guardianship rights to any of these childre" Will it be OK to answer no?

Any help in this matter would be apprecited,

sorry for such a long post.

 

Veronica

[Peach]

I think you will be asked to show evidence to support your assertion that "no other person has custodial, access or guardianship rights to any of these children". Before anyone else suggests it, the Hague convention would NOT apply as neither child is under 16 years old.