Getting permission from courts to take my child with me to Oz

[Guest casobelle]

Help! Has anyone else been in this situation? I'm a single mum looking to move to Adelaide with my daughter and my mum. Daughter's bio father is refusing to sign her visa application. I'm due to start my new job in Adelaide next May and hoping that I'll be able to get permission from the courts to emigrate with my daughter in time to start the new job, if at all! I'd be really grateful to hear from others who have been in a similar situation. Thanks!

[Guest Pam777]

I also moved to Adelaide with my 2 children. bio father (luckily for me) signed the forms for them to move to australia. I have then since had probs getting forms signed for aussie citizenship and then finally trying to get the aussie passports. I hope the court situation goes ok, i fortunatly didnt need to go in that direction and cant give you any advise but i think it would have been better had i gone to court and done it that way.

good luck

Pam

[Guest loopylisa]

Hi

 

I have a limited knowledge of this which comes from working within family assessment under supervision of an Clinical Psychologist. What the courts are going to be interested in here is what is in the BEST INTERESTS of the CHILD. If you are currently the sole caregiver/provider and have sole custody and the child does not see their father and you can prove that there is no attachment bond it should be straightforward. However, if you have joint custody or the childs biological father can prove that the child has an attachment bond with him then Im afraid it would be quite another matter. The solicitors may instruct psychologists(which I where my knowledge of this comes from) to assess this and if it does come back that there is attachment, no psychologist would recommend to the court that a breaking of this attachment would be in the childs best interest and thus the court is unlikely to rule in favour of an outcome against the childs best interest.

 

See a solicitor specialising in family law ASAP if you have not already done so

[RockDr]

If you look over on www.pomsinoz.com there have been several threads about this, and you may get more response.

 

Good luck with everything.

[Guest casobelle]

Thanks for the replies, everyone. I did try PIO and got a lot of feedback. Here's hoping my application is successful!

[coolerking]

Help! Has anyone else been in this situation? I'm a single mum looking to move to Adelaide with my daughter and my mum. Daughter's bio father is refusing to sign her visa application. I'm due to start my new job in Adelaide next May and hoping that I'll be able to get permission from the courts to emigrate with my daughter in time to start the new job, if at all! I'd be really grateful to hear from others who have been in a similar situation. Thanks!

 

If you go to court with a well prepared case, then usually, you'd get your Removal From Jurisdiction (RFJ). It can cost a lot of money and that maybe worth considering by both parties and coming to an agreement. The courts usually make an agreement re contact and money etc. The age of your daughter can make a difference, how old is she? Do you have your own visa already?

 

Cooler

[ratters2005]

Both the UK and Australia have a lateral agreement in regards to child care benefits. The courts may agree to let her go, it's on a case to case basis. Both parents have rights but onlyyou know the status of your relationship and what is best for yor child. That may be at odds with the other half but it can be navigated. Sadly it is often expensive and emotive and I don't think bad luck comes into your circumstances. Try to talk too him, it is often the thoughts of missing out on things, being miles away that has this effect.

Often the benefits of a new, safer life are not even consider by the selfish other half, they can however consider that the courts will and may possibly order that as primary career that they are allowed to leave, and that they are entitled to claim child care when they do.

Good luck with it, its possible with his acceptance or without, just may cost a few pounds but well worth it.