Adopted children

[Sallyh]

Does the biological father have parental responsibility? If he does, he may be able to object to the removal of his son from the country, or you may have to apply to take him out of the country. If he does not have parental responsibility, he would have to apply for that first in order to be able to object. What I am thinking is, that there may be 2 issues for you - one is whether Australia want permission from bio father for son to migrate- the answer to that is likely no, I would think. The other issue may be whether the biological father has recourse in the family courts to try to prevent you, or whether in the family law system whether you need permission to take the child out of the country. So it hinges on the parental responsibility I would think - you need to get advice from CAB / a family lawyer to work out what the situation is. I'm rusty on all of that but worked in family law for a bit. I know enough to know you would be wise to know what you are dealing with. Knowledge is power. If you know the score, then if ex partner tries to put you off or interfere, you will be equipped to deal with him emotionally and practically.

[alymacck]

My son has a stepfather but has not been adopted by him. When we were applying i had to see a solicitor to apply to take him out of England. His father did not have parental responsibility but was granted it and then he could try and stop me from doing it which he did but after he realised it was what we really wanted to do (my son too) he eventually agreed to me taking him and permission was granted. I tried to get parental responsibility for my husband for my son too (incase of an emergency) but was refused. If your son is to be adopted then you will need his fathers permission too i would think.

[charlmillard]

Hi thanks for all of the info - we have spoken to our solicitor and the australian embassy today and i dont need the permission of the biological father as my husband is adopting my son!!
thanks

[Anouk]

Hi Charl,

Sorry, I am a busy full-time teacher and don't log on here nearly half as much as I would like. Consequently, I have just seen your questions, but glad someone has been able to give you a more definitive answer.
I just know that as far as the UK authorities were concerned my daughter could emigrate, but SA authorities wanted evidence of biological father having not made application for custody (for a 176 visa).

Best of luck with the rest of the process.

Jo x