I have applied to migrate to Australia with my 7 year old son to be with my partner who is not the natural father of my child. Even though I was never married to the father and so have sole legal parental responsibility, the Australian embassy have asked me to provide either a statutory declaration from the child's father with his permission or a court order detailing that neither parent has sought a parental responsibility agreement and that i can remove my child permanently from the U.K. It is unlikely the natural father will sign a Stat Dec, so how would I go about getting a court order - would this be a lengthy and costly procedure and would the father have to be involved?
November 27, 2008 by Anonymous
If you are aware of where your child's father is now living, it will be necessary for you to obtain formal written refusal or agreement from him. If as you expect he refuses (or fails to reply to your request) it will then be necessary for you to make an application to the County Court for a order that you have leave to remove your child from the jurisdiction and any other orders to satisfy the requirements of the Australian immigration authorities. Before making the orders required the court will need to be satisfied that it is in the best interest of your child to move with you to Australia. This should not be difficult.
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