Parental rights and responsibilities

[lady 76]

Has any one of if you know of any persons who have been to court to overide the fathers consent to take your child with you to australia? Also would you think it's costly and time comsuming ? Were in such a piccle ;(

[ladyarkles]

This article might help, although I don't know how up to date it is......

http://www.familylawweek.co.uk/site.aspx?i=ed878

Here are some of the important points:

The court's approach
The principles which can be distilled from the case law are as follows:

• There is no presumption in favour of the applicant parent;
• The reasonable proposals of the parent with a residence order wishing to live abroad carry great weight;
• The practicalities of the relocation proposals should be scrutinised with great care, including those of ensuring continued adequate contact with the other parent;
• The court needs to be satisfied that there is a genuine motivation for the move and not an intention to bring contact between the child(ren) and the other parent to an end;
• The effect upon the applicant parent and the new family of the child of a refusal of leave is very important;
• The effect upon the child of the denial of contact with the other parent and in some cases the wider family is very important and will require the court to analyse the current contribution of the non-resident parent and wider family to the care of the child;
• The opportunity for continuing contact between the child and the parent left behind may be very significant;
• The child's welfare is paramount but in assessing the relocation application, all relevant aspects of the welfare checklist must be analysed including, where appropriate, the wishes and feelings of the child(ren);
• The court should first consider with which parent the child should live, taking account of the plans of each parent as to where the family should live.

[snifter]

Visit our sister site, Poms In Oz. there is a long thread on this and a number of people who have gone through the courts to be able to bring their children. Some very helpful reading over there and you can always post and ask aswell. :)