Do I need my ex's permission ?

[sarah_397]

We have been thinking about making the move to Australia for some time and have now started the visa application.
My problem is that I have an 11 year old daughter with my ex boyfriend.
He was never registered as her father on her birth certificate and sees her only when he wants to and doesn't pay anything towards her upkeep.
Do I need his permission to take her out of the country?
I have had conflicting stories from different people. Some say I do need permission and some say I don't so I thought I would turn to the good people on this forum to see if anyone can help.
Many thanks in advance.
Sarah

[crazylady]

Hi Sarah

I am in similar situation, I have 2 children aged 11 and 12 by my ex husband. He pays me maintenance through the CSA but has not had any contact with the kids for the past 8 years. The advice I was given for a permanent visa is that he will need to write a letter confirming that he is in agreement with them going overseas. However if he refuses to do this or causes problems you will need to get a letter from the courts granting you permission. However, if you are going on a temporary working visa there might be a loophole in the laws.. and the fact that he is not named on her birth certificate.
I have only done a little bit of research so there may be other ways to get round it. But due to the long process of visas, I could recommend that you cover yourself at the beginning, rather than it being refused at the very end.
good luck !!

[Rachel_Heath]

Sarah,

Due to the lack of any information in your profile I'm going to assume you are based in the UK currently.

From what I'm aware off, currently he would have no legal power over you to prevent you from moving to Oz. In order to stop you I think he'd need to file for parental responsibility in court. If he did then you'd be within your rights to then get the CSA to start charging him maintenance which may be enough to scare him away again (considering he's played no part really in her upbringing).

That said though I think personally it's something you might want to tell him about - if nothing else to help ease your worries whilst in Oz of something coming back and haunting you in 3 years time.

All in all though the best help I could give is to first pop in to your local CAB for more advice.

[sarah_397]

Thank you for your replies. I am currently in the U.K.
We wouldn't take her away without telling him first and we have asked him to meet up with us so that we can discuss the matter with him but he always says he is too busy.
I think I will contact citizens advice and see if they can help in any way.

[lorna grennan]

HI Sarah I am currently applying for a 457 visa, I'm being sponsored! I have an agent in Australia and she has recently advised me to get an affadavit completed by myself and I then have to get their dad to sign it that he is in agreement to me emigrating, he has to have a witness to sign also. It's really simple, then I will send it back to her. It seems this is the first step to getiing agreement. If it get's complicated you may have to use a solicitor! I have two children who are 15 and 13 yrs of age! By the way theior dad is happy for them to emigrate because we have discussed it and kept him informed. I have a copy of the affadavit if you would like me to send it to you, let me have you e mail address! Good Luck Lorna

[crazylady]

Hi Lorna

I would be really grateful to have a copy of the affidavit. My email is stephanydrewett@hotmail.com
Thanks

steph