RMedley Posted April 19, 2014 Report Share Posted April 19, 2014 Hello, I wanted to see if anybody has any advice about moving to Australia if you have children with a previous partner. I have 2 children, my oldest is 9 and I am no longer with his father. I have an 18 month old with my new partner. We are considering moving to Australia in 3 years time. My sister moved to Perth 2 years ago and has told us all about how fantastic it is. We are really attracted by the prospects we will have by moving there and the way of life sounds amazing. We are hoping to visit my sister next year some time so we can see for ourselves what it is really like before making any decisions about moving there. We plan to use the trip as an opportunity to investigate where we would like to live, schools, jobs etc. The only stumbling block could be my oldest son's father. He has not seen my son for 3 years now and has made no effort to change this situation. He is a terrible father and when he did see him he would go out drinking when he was supposed to be looking after our son. He has never done anything to help raise him or be a father to him. However, I am aware that I would need to get his permission to take my son to live in Australia as he is on the birth certificate and therefore he has parental responsibility. I am pretty certain that if I asked for his permission to move he would say no as has always done whatever he can to make my life difficult so this would mean we would have to take the matter to court. I just wondered if anyone knew the likelihood of winning a case like this given that my son's father has not been seeing my son for some time now. We don't plan on approaching my son's father until we have visited Australia because it may be that we decide it's not for us and then don't go but if we do decide to go and have to take the matter to court I want to make sure we have plenty of time to sort this out as I am aware that it could take some time to go through the courts. We also don't want to spend time organising things and getting jobs for us to be told we are not allowed to go. I am a teacher and my partner is a plumber so we feel we would have extremely good prospects if we moved as we would be earning more money and be able to provide our children with a better life than if we stayed in England. I realise that we would need to speak to a solicitor to find out our options and where we stand but any help and advice (particularly from those in similar situations) would be really appreciated! Quote Link to comment Share on other sites More sharing options...
Guest guest10912 Posted April 19, 2014 Report Share Posted April 19, 2014 If your ex decides to say no to the move, then yes you would need to slug it out in the courts. Chances of success? Very high I would think, not seen any mother lose yet and if he doesn't see the boy then I can't see him winning. I know you were not asking about the other stuff, but take care not to be wearing the rose tints on this. Your children do not automatically get a better life for being in Australia and actually it seems to me like teaching is a really difficult bpnut to crack here due to an over supply of teachers. I think it is better for science secondary teachers though, primary seems to be the area that is really saturated. Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted April 19, 2014 Report Share Posted April 19, 2014 Hello, I wanted to see if anybody has any advice about moving to Australia if you have children with a previous partner. I have 2 children, my oldest is 9 and I am no longer with his father. I have an 18 month old with my new partner. We are considering moving to Australia in 3 years time. My sister moved to Perth 2 years ago and has told us all about how fantastic it is. We are really attracted by the prospects we will have by moving there and the way of life sounds amazing. We are hoping to visit my sister next year some time so we can see for ourselves what it is really like before making any decisions about moving there. We plan to use the trip as an opportunity to investigate where we would like to live, schools, jobs etc. The only stumbling block could be my oldest son's father. He has not seen my son for 3 years now and has made no effort to change this situation. He is a terrible father and when he did see him he would go out drinking when he was supposed to be looking after our son. He has never done anything to help raise him or be a father to him. However, I am aware that I would need to get his permission to take my son to live in Australia as he is on the birth certificate and therefore he has parental responsibility. I am pretty certain that if I asked for his permission to move he would say no as has always done whatever he can to make my life difficult so this would mean we would have to take the matter to court. I just wondered if anyone knew the likelihood of winning a case like this given that my son's father has not been seeing my son for some time now. We don't plan on approaching my son's father until we have visited Australia because it may be that we decide it's not for us and then don't go but if we do decide to go and have to take the matter to court I want to make sure we have plenty of time to sort this out as I am aware that it could take some time to go through the courts. We also don't want to spend time organising things and getting jobs for us to be told we are not allowed to go. I am a teacher and my partner is a plumber so we feel we would have extremely good prospects if we moved as we would be earning more money and be able to provide our children with a better life than if we stayed in England. I realise that we would need to speak to a solicitor to find out our options and where we stand but any help and advice (particularly from those in similar situations) would be really appreciated! I agree with Rupert. Regarding teaching. Your job prospects are only good if you are a secondary maths,science or design and technology teacher. Special needs primary teachers also have better prospects. As of 2015 all year sevens will study at secondary school. There is already a huge surplus of primary teachers, this will be even more the case in 2015. Quote Link to comment Share on other sites More sharing options...
RMedley Posted April 19, 2014 Author Report Share Posted April 19, 2014 Thank you both for the advice! The move is definitely not set in stone and our holiday will be a chance to find out more about job prospects etc. I am a primary school teacher so it may that as you said I will struggle to find work and therefore we will not need to approach my son's father about any of this. Thanks again Quote Link to comment Share on other sites More sharing options...
steven_gers Posted April 19, 2014 Report Share Posted April 19, 2014 Sorry to read about you're situation, I've got a similar issue with my previous GF, she won't let me take this kids which is fair, Although I've been through the courts to sort my access etc out, Where you married to your previous partner? As if you where not married to him he does not automatically have fathers rights due to the age of your child, the legislation changed I think from memory around april 2005? (Don't quote me) My oldest Son who is 9 also, 10 in September I didnt have parental rights over as I wasnt married to my Ex, Which means my ex could have moved away and I could do nothing, even though I'm registered on the birth certificate, that only helps the mother with maintenance payments believe it or not, fathers have it pretty bad when it comes to children (some fathers deserve it) some don't hence why I spent ££££`s going to court, So if you didn't marry your ex then you are in control, obviously the best option is to get him on board, but if you did have to goto court eg you had been married or your ex tried to stop u going, the court would interview you're son as long as they thought he was mature enough to answer simple questions and ultimately use his decision on granting the final decision. Hope that helps a little, Ps im from Scotland and the rules slightly differ from here to down south. Quote Link to comment Share on other sites More sharing options...
RMedley Posted April 19, 2014 Author Report Share Posted April 19, 2014 Sorry to read about you're situation, I've got a similar issue with my previous GF, she won't let me take this kids which is fair, Although I've been through the courts to sort my access etc out, Where you married to your previous partner? As if you where not married to him he does not automatically have fathers rights due to the age of your child, the legislation changed I think from memory around april 2005? (Don't quote me) My oldest Son who is 9 also, 10 in September I didnt have parental rights over as I wasnt married to my Ex, Which means my ex could have moved away and I could do nothing, even though I'm registered on the birth certificate, that only helps the mother with maintenance payments believe it or not, fathers have it pretty bad when it comes to children (some fathers deserve it) some don't hence why I spent ££££`s going to court, So if you didn't marry your ex then you are in control, obviously the best option is to get him on board, but if you did have to goto court eg you had been married or your ex tried to stop u going, the court would interview you're son as long as they thought he was mature enough to answer simple questions and ultimately use his decision on granting the final decision. Hope that helps a little, Ps im from Scotland and the rules slightly differ from here to down south. Hello, thank you for the reply. We were never married but he still has parental responsibility because his name is on the birth certificate. I am fairly sure he would try to stop us going even though he doesn't see our son. If he was part of our son's life then I would feel differently about the situation because I do believe all children need access to both parents but as has never really acted like a father to him then I don't feel he should have the right to dictate where we live. First thing to do I think is to visit Australia and see what we think as well as researching the job situation before we speak to my ex about any of this. Thanks for your help, it is good to hear it from the point of view of a father in this situation. Quote Link to comment Share on other sites More sharing options...
steven_gers Posted April 19, 2014 Report Share Posted April 19, 2014 No probs, I would defo research about parental responsibility, as I thought the same about the birth certificate, that doesn't give him the same rights as a married person as I found out, long story short, my ex was trying out drugs and I felt the kids r at risk. Police wouldn't help. So went to a lawyer paid alot of money, who told me that my oldest I didnt have parental rights over as I wasnt married to my ex, and it was before the legislation changed, however my daughter born in 2006 I did have rights for, so I could take her away but not my son, I'm at work just now, but I've got all the documents that explain why a father gets "shafted" if he wasn't married at home and I can look at them just to see if its the same in england and Scotland, could save you about £3000, Although it sounds like the father deserves any input on this decision but it could make you're decision easier to not include him, I'm all for the fathers who actually play an active part in there kids life but cant be doing with part-time I'll decide when fathers, It'll break my heart to leave my kids behind but they are coming to age when they can decide to stay with me in OZ when we leave. Quote Link to comment Share on other sites More sharing options...
steven_gers Posted April 19, 2014 Report Share Posted April 19, 2014 Just check the fathers rights, if in England the father has rights if born after December 2003, In Scotland its May 2006, Hope this helps Good luck, Ps you will love OZ when you go no doubt. Quote Link to comment Share on other sites More sharing options...
RMedley Posted April 19, 2014 Author Report Share Posted April 19, 2014 Just check the fathers rights, if in England the father has rights if born after December 2003,In Scotland its May 2006, Hope this helps Good luck, Ps you will love OZ when you go no doubt. We are in England and my son was born in 2005, plus his dad is on the birth certificate so he definitely has rights. I'm just hoping that a court would be supportive of our case considering he doesn't see my son. Thanks for your help! Really looking forward to visiting to see what it is really like! Quote Link to comment Share on other sites More sharing options...
MaiTwo Posted April 19, 2014 Report Share Posted April 19, 2014 We just arrived here in Perth in january 2014 and when we were applying for our visas we sent all the paperwork expect for the form which my ex had to sign to give permition for my 12 year son to move to Australia and my case office said she would not give the visas until that is signed or we had to withdrew my son from the application , I was never married to him and for the 12 years he's never been in my sons life, he tired to object in short thanks be to god he signed it Quote Link to comment Share on other sites More sharing options...
ali Posted April 20, 2014 Report Share Posted April 20, 2014 We just arrived here in Perth in january 2014 and when we were applying for our visas we sent all the paperwork expect for the form which my ex had to sign to give permition for my 12 year son to move to Australia and my case office said she would not give the visas until that is signed or we had to withdrew my son from the application , I was never married to him and for the 12 years he's never been in my sons life, he tired to object in short thanks be to god he signed it I think it's immigration law and doesn't really have anything to do with parental responsibility (unless you're going through the courts in the UK for permission to remove the child). To the OP, I think it's a great idea that you're visiting, you need to be gathering evidence (which you can update), as to the areas you would be looking at living, schools in the area, cost of living, availability of jobs etc., (as all this info will be needed if it goes to court). In the meantime - look forward to your holiday and have a great time Quote Link to comment Share on other sites More sharing options...
RMedley Posted April 20, 2014 Author Report Share Posted April 20, 2014 I think it's immigration law and doesn't really have anything to do with parental responsibility (unless you're going through the courts in the UK for permission to remove the child). To the OP, I think it's a great idea that you're visiting, you need to be gathering evidence (which you can update), as to the areas you would be looking at living, schools in the area, cost of living, availability of jobs etc., (as all this info will be needed if it goes to court). In the meantime - look forward to your holiday and have a great time From what I have been told I won't be able to get a visa unless my ex signs a form agreeing to let my son go. If he didn't have parental responsibility I could take him without his permission. That is why we need to go to court because I don't think he will agree to the move. We are planning on doing research while we are there so that we have lots of evidence to back up our case. From the sounds of it I may struggle to get a job as a teacher and I think that I would really need to be in Australia to secure a job so we are hoping to secure a job for my partner before we go. Are there plenty of jobs for plumbers? Quote Link to comment Share on other sites More sharing options...
ali Posted April 20, 2014 Report Share Posted April 20, 2014 MT's ex didn't have parental responsibility but had to have permission. I don't know about the plumbing trade - I think they have to do some other courses once here Quote Link to comment Share on other sites More sharing options...
Sideshowdeb Posted April 20, 2014 Report Share Posted April 20, 2014 It's a catch 22 in my experience. My son's father didn't have parental responsibility but the case officer said we either needed his signed permission or proof he had no authority. Impossible to prove he had no authority so I ended up granting him parental responsibility just so he could give permission. I understand why they're so careful with children though it can be very frustrating. Quote Link to comment Share on other sites More sharing options...
jodipodi Posted April 20, 2014 Report Share Posted April 20, 2014 A Stat Dec or something along the lines of that provided by a solicitor stating no legal authority is held by the parent should suffice when evidence is required. In the case where the other parent has PR either permission is required or you would need to go to court and get them to grant permission... By the sounds of your situation you would very likely be granted it but it may be costly. I would ask for the permission from the father before I went to court...he may surprise you. I would use the holiday to gather research such as schooling, areas, job prospects for yourself, clubs that your child does here that they can carry on there etc etc in order to put together a pack to show the courts it's in the child's best interests. It's not about whether it's better for the family.. Its all about the child so it must show in favour of the child. All the best and enjoy your holiday xx Quote Link to comment Share on other sites More sharing options...
jodipodi Posted April 20, 2014 Report Share Posted April 20, 2014 http://www.familylawweek.co.uk/site.aspx?i=ed878 http://www.pomsinoz.com/forum/news-chat-dilemmas/48217-leave-remove-child-jurisdiction-can-anyone-help.html Quote Link to comment Share on other sites More sharing options...
Rossmoyne Posted April 20, 2014 Report Share Posted April 20, 2014 Not a good place to be in for anyone in this situation. Just hope it works out for you all. Laws and Regulations have changed so much in the past 20 years... and don't even ask me about the hoops I had to jump through 25 years ago!!!! Thankfully the courts are more amenable to these things..... Quote Link to comment Share on other sites More sharing options...
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