Children with EX's

[Guest liquorice]

I have a daughter with a previous relationship. At first he said he would give me permission to take my daughter to Auz with me but know we have started the process he has decided that he wont. We werent married, he doesnt have any visiting rights through a the courts or solicitor he just sees her when he wants but he is on her birth certificate.

Has anyone else had to deal with this situation?

[RockDr]

Hi there, haven't had to deal with this personally, but if you go look over on the poms in oz site, there's several threads dedicated to the subject. a word of warning though, they often get taken over by people with strong opinions.

 

Basically you either need your ex's written permission, or you'll have to go through the courts, which can be a long, expensive and painful process. Tracy123 and MrsWriggles over on PIO have just successfully gone through this, so if you PM them they might be able to help.

 

Best of luck.

[Guest liquorice]

Thanks alot, I'm hoping he does come round as she will be a few months of her 18th by the time we leave the UK, but as she is only 16 this year and when we are applying we need permission.

[jo_marnes]

If the child was born before Dec 2003 and you were unmarried at the time of the child's birth then the father has NO legal rights unless an order of the court (i.e. parental responsibility or visitation rights) has been granted.

 

That said, when we applied for our visa, we needed a statutory declaration signed by my ex to confirm that he was ok with the move. This was a requirement for our visa. However, I'm thinking that there are potentially ways around it as I'm pretty sure immigration just want to know the legalities - if you were to obtain some kind of letter from a court official etc stating that no one but yourself had legal responsibility then you might be able to do it that way.

[Guest liquorice]

Thanks for that info, was really helpful. She was born oct 1995 so should be ok.... so much to do but will all be worth it in the end!!

Is it the best thing youve ever done?

[Guest guest3462]

Without doubt the best deceision we ever made! It's tough and a long road to finding your feet again once you're here but well worth the stress and effort for us. We are working to a 5 year plan which is helping x

[jo_marnes]

Thanks for that info, was really helpful. She was born oct 1995 so should be ok.... so much to do but will all be worth it in the end!!

Is it the best thing youve ever done?

 

YES!

 

We have been here almost 2 years and couldn't imagine moving back to the UK now. We love it here. Best of luck - hope you get here soon :-)

[Guest katsmajic]

My older kids were born in 91 & 92, i still needed a stat dec or a court order.

I covered all bases and got both, i prewrote the stat dec so i knew the correct information would be in it - traced the ex, sent it to him recorded delivery, he had it signed, witnessed etc & back in the post the same day. We had also started court procedings just incase - its very easy and cheap to do if the parent is absent/doesnt contest.

Its definately one of the best things we could have done, the big kids did hate us for a bit, but now love their new lives here, although their not in adelaide now, they left for a more exciting life in melbourne....but come home regularly enough.

[RockDr]

Thanks alot, I'm hoping he does come round as she will be a few months of her 18th by the time we leave the UK, but as she is only 16 this year and when we are applying we need permission.

 

If she's going to be that close to her 18th when you leave, might be worth emphasising that point with your ex, since basically all the visa is doing is giving HER more options to choose from when she becomes an adult, rather than it being about you taking her away from him. What are your daughter's views on the matter? might she be able to talk him round?