Child Moving To Oz With My Kid

Discussion in 'Living Overseas' started by carlbcfc, Feb 8, 2011.

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  1. The ex moved to Riyadh 2 years ago with her new husbands job, and in typical ex slag fashion, the contact dried up, and she all but vanished! I have just received this message on facebook of all places.

    "Hello I thought i should tell u I am moving to Australia in the next few months. ****** is very excited and happy about the move. In our visa application they would prefer me to have a letter of consent from yourself. Is this something you would do?"

    Now, not wanting to be fucked over by the slag once again, my instinct tells me no. Does she need my permission to move to Oz? And more importantly, what are my rights. Thanks.
     
  2. If you have joint custody, she needs permission to take your child out of the UK. Sorry to hear that you don't get to see your kid.
     
  3. I gave permission for her to take him to Saudi in 08. At the time everything was good, but then she done me. So now she is in Saudi, and wanting to go to Oz, can she make that move seeing in though I already gave permission to leave back then? Or would moving to Oz require new permission?
     
  4. Don't know the answer to that one. Did you originally state 'Saudi Arabia' in the letter? There may also be an expiry limit for permission. I'm not an expert, just had a mate in a similar position.
     
  5. I cannot remember if it had Saudi on, I just read it, then signed it. In hindsight, a very stupid thing to do. I should of at least took a copy. Any idea where I go for advice? The internet is a mush of opinions.
     
  6. Carl, try this. http://www.immi.gov.au/allforms/pdf/47ch.pdf Pg 15

    This quote is very interesting . . It's from a check list for a migrant application. It might not be what they're applying for but it might give you a start.

    So the Saudi letter probably won't be adequate for their needs?​
     
  7. I'm no expert and you need good advice from someone who is qualified.

    But judging by the "Oh, by the way" manner in which her message was written, my guess is that she is trying to play down something that she knows is going to be a real stumbling block to her, should you not give permission.

    Edited to add:
    It's also a reasonable assumption that permission was given for Saudi on the reasonable expectation that as an expatriate, there is a strong likelihood of a return to Uk after the end of a contract. Emigration to Australia may be seen as something permanent and therefore quite different
     
  8. Yes, your right, I did feel it was being played down. She would not contact without the need to I believe. I have 2 other children with my current Mrs, the oldest is 9 months younger than the one the ex has, and there were very close. She went on to have another child, 3 kids, 3 fathers now. I will ask for that letter I signed, at least then I will know where I stand with that. It was on the understanding of a 2 year contract, but I later found out that it was her husbands job that took them over there, not hers.
     
  9. I tend to agree with the above. From the tone of your post I get the feeling that you aren't really that close to your son although I apologise if I got hold of the wrong end of the stick.
    If you are going to prevent him moving to Australia then you must be prepared to take a far more active part in his life and you may have to fight for custody and access rights. What is paramount is your son's welfare and well being and if you're prepared to let him go then it's important that you maintain as many links with him as you can, he needs to know that you are a part of his life and that it was for his benefit that you let him go.
    With the internet it is far easier to keep in touch these days and a web cam can let you communicate together even though he may be the other side of the world.
    I hope things turn out as you would want.
     
  10. For the first 6 years of his life I was there weekly/school holidays etc.. when work would allow, until she moved him away, which I reluctantly agreed too as it would benefit my kid, and it was only going to be for 2 years....or so I thought. I would have him here tomorrow if I could, my Mrs is okay with that, and he has 2 brothers here too. As you can understand I am very reluctant to sign another document due to having my fingers burnt last time. I have just asked her to forward the previous letter.
     
  11. Carl, it's a hell of a shit position to be in. Unfortunately i can't help in any way but i sincerely hope it all works out to your and your sons benefit.

    Keep us in the loop please.

    Best of luck.

    Dogs
     
  12. Looking at the wording in the Migration document, she needs your permission if you still have a legal right to your son.

    So to me there's only a couple of options you can take:
    a) If you refuse to give her the right to take your son to Oz, she'll probably take it to court, where it'll cost her (and you) a stack of cash for lawyers, and as you've already given permission once the courts might not look in your favour?
    b) You agree in principle for her to take him, but build in some caveats about access, visitation and travel cost reimbursement, which you get her to agree to legally and only then do you give your (written) permission.

    Option b looks the best bet as you can use the letter to gain some leverage.

    As mentioned before, don't be a twat for twats sake. Think of your son.

    Good luck
     
  13. Carl, PM sent
     
  14. Cheers for the advice. Following on from my request of the letter I signed in 2008, she sent this:

    "I no longer have the letter. I just need a letter saying that you carlbcfc, ***** father give your consent for ***** ****** to move to australia to live and sign and date it.

    Then could you please send it to my mums address:...."


    Is she for real? I have yet to reply to this, and I will choose my words carefully when I do.
     
  15. Could she actually be in the UK just now? If she is then surprise her with a visit and get to see your son again. Even offer to have custody of him and let her go to Oz without him. Put the squeeze on her. F4J.