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permission from ex to take a child


kasisalo

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we are in the middle of filling in our online application to emigrate my ex is happy for us to take our 15 year old what do we need to get from him to say he gives his permission and will this take long as we need to send of our application asap any advice would be really helpful thanks

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Guest hrimmer3011
we are in the middle of filling in our online application to emigrate my ex is happy for us to take our 15 year old what do we need to get from him to say he gives his permission and will this take long as we need to send of our application asap any advice would be really helpful thanks

Hi, having just been through this process ourselves, i'll tell you what we had to do, again my ex husband was happy for us to migrate with the children, so if your ex is then he needs to do a STATUTORY DECLARATION, which basically is a letter from him stating that he gives permission for you and your partner etc to migrate to Australia with the child. Worded kinda like this...

STATUTORY DECLARATION

I (his name) of (his address) give permission for (name of child and date of birth) to migrate to Australia with (your and partners name)

There is no legal reason why (name of child) should not be removed from the UK etc etc

The ex then has to take this form/letter to a solicitors, the solictor will sign it, stamp it with solicitor stamp etc, also your ex will need to take id with them, passport/driving licence so that the solicitor can formally certift that it is your ex signing etc. If your ex agrees etc, then its easy, had our done and dusted in a week and uploaded to Diac. If you pm me I can try send you the draft of what we used, then all you have to do is fill in the blanks!! Hope that helps Helen

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Guest hrimmer3011
thanks for your reply found it really helpful also does this have to be done before we submit our application or can we send off the application as we are racing against time thanks

Hi, are you doing paper application or online? If paper then you really need to send at same time as main application, if you doing online, you can send it afterwards, as soon as you have it really, when you issued a C/O they will request it if you have not already sent it.

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thanks again you have just reduced my stress levels that was good to hear, we are doing the application online could i ask you if you know wether the same applies to a family member who is sponsoring us, do we have to have some sort of form from him before we submit our application or does this get sorted after

( if this makes any sense ) thanks

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Guest hrimmer3011

Hi, really don't know on that one I'm afraid, we are on 176 ss visa but we have been sponsored by Southern Australia, what I do know is, we needed proof from SA that they have sponsored us before we could lodge our application to DIAC, whether you need that for a Family Sponsored 176 I really don't know I'm afraid Helen

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  • 3 months later...
Hi, having just been through this process ourselves, i'll tell you what we had to do, again my ex husband was happy for us to migrate with the children, so if your ex is then he needs to do a STATUTORY DECLARATION, which basically is a letter from him stating that he gives permission for you and your partner etc to migrate to Australia with the child. Worded kinda like this...

STATUTORY DECLARATION

I (his name) of (his address) give permission for (name of child and date of birth) to migrate to Australia with (your and partners name)

There is no legal reason why (name of child) should not be removed from the UK etc etc

The ex then has to take this form/letter to a solicitors, the solictor will sign it, stamp it with solicitor stamp etc, also your ex will need to take id with them, passport/driving licence so that the solicitor can formally certift that it is your ex signing etc. If your ex agrees etc, then its easy, had our done and dusted

in a week and uploaded to Diac. If you pm me I can try send you the draft of what we used, then all you have to do is fill in the blanks!! Hope that helps

Helen

 

 

 

Hi I am in the same situation, I have my ex coming around this evening, he doesn't know why yet but I am hoping to get his permission to take our 2 children to Australia, I was wondering if you would be able to send me the drafts of what you used for declaration etc. The children are 14 and 16...... Does anyone know where I would stand if he doesn't agree? The children really want to go infect it was my 16 year old daughter that was the most excited about going. Any help would be greatly appreciated.

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Guest guest36187

If your ex doesnt agree , you could be heading for a court battle. I wouldn't expect your ex to make a decision tonight on whether you can take them. He may need time to process the information and he may want to ask you what their life will be like there.

 

If he says no and you end up going to court,you will need legal aid and some good solid, sound advice.

 

Good luck

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Heres hoping and keeping my fingers crossed, the other way I am looking at it is that in the last 5 years he has seen them about 5 times, no phone calls, sometimes a birthday card not always and some years one for one and not the other, 2 of the 5 times mentioned that he has seen them over the last 5 years was in April this year and that was to tell them he is going to Afghanistan for a year maybe more as he is in the TA(next year), so he is not going to be around for them for a while anyway not that he sees them when he is here...... So I am thinking once they are 18 which for the youngest is in 3 and a half years they can do what they like anyway, I am hoping that by the time a visa was processed is when he would be going away himself so hopefully will agree to it as he wont be here for the last part of their childhood..... If that makes sense!!!

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