k8bug79 Posted March 12, 2012 Share Posted March 12, 2012 Hello,I have an 8 year old daughter who is from my first marriage. She will be emigrating with us. My ex has had very little to do with her and in the past I have asked for my husband to be added as having parental responsibility. My ex wasn't in disagreement but was a bit hsitant. I explained the only reason was that he is almost uncontactable in an emergency and gave him an example of what if me and my youngest were knocked unconscious in a car accident my husband who has been her Dad since she was two would not be able to ok medical treatment and they would have to contact him. He agreed to sign it but as he lives in Scotland and I am in Cornwall he had to sign it in English Jurisdiction. He was visiting shortly after the conversation and was meant to go to the court and sign it but didn't. It is not impossible to survive without it in the UK but I am worried how it will work in Oz. What do their laws state about things like Medical treatment. My husband seems to think that because he will have agreed to going on my visa and being sponsored by my husband that this should suffice, but I am not sure this will be the case. If I pursue getting parental responsibility for my husband is it worth it, will it be recognized in Oz. Or conversely can I get it sorted once I am over there and if so how does this work? On an aside, my daughter wants to change her surname to mine and her siblings, but my ex refuses to permit this. She wants to apply to the courts over here when she is 9 as we have heard they start taking her wishes into account at that age. But I have told her to wait and try and persuade her Father in time. Does anyone know the process in Oz and whether we have to have his permission etc once we're over there? Thanks Link to comment Share on other sites More sharing options...
Quoll Posted March 12, 2012 Share Posted March 12, 2012 Will her father sign to let her leave UK with you? You will require his permission to do that. Unsure about parental responsibility for things like operations but I would have thought if your DH signs as step father that would be adequate. You can certainly give permission for him to be a responsible adult for school based things - there are that many blended families no one bats an eyelid. Link to comment Share on other sites More sharing options...
k8bug79 Posted March 12, 2012 Author Share Posted March 12, 2012 He has said he will Quoll. Two years on and we are still waiting for the form!! As we are in the final countdown to apply I am now chasing daily. In the UK in theory the step parent shouldn't be able to sign, they have to as those with parental responsibility. Whether in practice a doctor would stand by and watch a child in a life threatening situation waiting for the absent parent to give permission. In the hopefully less likely situation anything to do with police also can't be dealt with as a step parent here. I am hoping the rules are slightly more relaxed over there. Link to comment Share on other sites More sharing options...
GilraenH Posted March 12, 2012 Share Posted March 12, 2012 A doctor can do a life saving procedure without any consent if necessary. Having PR though means you can automatically sign consent. Have you explored your husband applying for PR through the court, I understand that it can be done without the father losing his PR if both parents with PR sign an agreement? He has said he will Quoll. Two years on and we are still waiting for the form!! As we are in the final countdown to apply I am now chasing daily. In the UK in theory the step parent shouldn't be able to sign, they have to as those with parental responsibility. Whether in practice a doctor would stand by and watch a child in a life threatening situation waiting for the absent parent to give permission. In the hopefully less likely situation anything to do with police also can't be dealt with as a step parent here. I am hoping the rules are slightly more relaxed over there. Link to comment Share on other sites More sharing options...
rachall Posted March 12, 2012 Share Posted March 12, 2012 Hello,I have an 8 year old daughter who is from my first marriage. She will be emigrating with us. My ex has had very little to do with her and in the past I have asked for my husband to be added as having parental responsibility. My ex wasn't in disagreement but was a bit hsitant. I explained the only reason was that he is almost uncontactable in an emergency and gave him an example of what if me and my youngest were knocked unconscious in a car accident my husband who has been her Dad since she was two would not be able to ok medical treatment and they would have to contact him. He agreed to sign it but as he lives in Scotland and I am in Cornwall he had to sign it in English Jurisdiction. He was visiting shortly after the conversation and was meant to go to the court and sign it but didn't. It is not impossible to survive without it in the UK but I am worried how it will work in Oz. What do their laws state about things like Medical treatment. My husband seems to think that because he will have agreed to going on my visa and being sponsored by my husband that this should suffice, but I am not sure this will be the case. If I pursue getting parental responsibility for my husband is it worth it, will it be recognized in Oz. Or conversely can I get it sorted once I am over there and if so how does this work? On an aside, my daughter wants to change her surname to mine and her siblings, but my ex refuses to permit this. She wants to apply to the courts over here when she is 9 as we have heard they start taking her wishes into account at that age. But I have told her to wait and try and persuade her Father in time. Does anyone know the process in Oz and whether we have to have his permission etc once we're over there? Thanks Hi I am in a similar situation, however my ex has not seen, or supported the children for 9 yrs and I don't know where he is. What I do know is that you will have to get permission from your ex or the courts to remove your child from the UK or she can't go on your husbands visa. Link to comment Share on other sites More sharing options...
k8bug79 Posted March 13, 2012 Author Share Posted March 13, 2012 Thankfully after a phonecall last night the form is winging its way to me to allow my eldest to go on my visa, but PR is something more difficult. I will obviously broach the subject again with him as he wasn't in total disagreement, like you said GilraenH it is an easy process, the complication is that he is in Scotland and can't sign it in a Scottish court. It has to be in English jurisdiction, We don't have to apply to the court we just have to have our signatures witnessed by a JP we don't even have to be there at the same time or use the same JP. But as my ex is rarely in England persuading him to do it or come here just to do it is near impossible. Link to comment Share on other sites More sharing options...
GilraenH Posted March 13, 2012 Share Posted March 13, 2012 Good luck! :biggrin: Thankfully after a phonecall last night the form is winging its way to me to allow my eldest to go on my visa, but PR is something more difficult. I will obviously broach the subject again with him as he wasn't in total disagreement, like you said GilraenH it is an easy process, the complication is that he is in Scotland and can't sign it in a Scottish court. It has to be in English jurisdiction, We don't have to apply to the court we just have to have our signatures witnessed by a JP we don't even have to be there at the same time or use the same JP. But as my ex is rarely in England persuading him to do it or come here just to do it is near impossible. Link to comment Share on other sites More sharing options...
Cez Posted March 14, 2012 Share Posted March 14, 2012 It depends where you move to in Oz, here in NSW no substitute consent is required for urgent treatment in these circumstances: Urgent treatment refers to any medical or dental treatment which, in the opinion of the practitioner, is necessary as a matter of urgency to: save a person's life; or prevent serious damage to a person's health; or alleviate significant pain or distress. Link to comment Share on other sites More sharing options...
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