Emigrating with a child from ex-partner - legalities

[Stupeo]

Hello All,

Obviously we will take legal advice once we have made a decision whether to go or not, but for now I'm just doing some research.

I am looking to emigrate with the wife and kids to Australia in the near future. However, the wife has a son with a previous partner who is only 13 (born in 2000). He definitely wants to come with us as he isn't really that close with his dad. He seems him for a weekend every two weeks.

Do we need written consent from the father to take him with us?

Thanks,

Matt

[Vaud]

Some threads here for you as well... IANAL but I am pretty sure you will need written consent from the father.

http://britishexpats.com/forum/showthread.php?t=53...

[ascayman]

I don't know if you do but you certainly should have to.

[DoubleSix]

Difficult to be close to your Dad when you only see them every two weeks....

[Neilsfirst]

DoubleSix said:

Difficult to be close to your Dad when you only see them every two weeks....

That's as maybe, but as a dad every 2 weeks counts and doesn't mean you stop loving them when they are not there.

[DoubleSix]

Neilsfirst said:

DoubleSix said:

Difficult to be close to your Dad when you only see them every two weeks....

That's as maybe, but as a dad every 2 weeks counts and doesn't mean you stop loving them when they are not there.

I couldn't agree more.

[ascayman]

Neilsfirst said:

DoubleSix said:

Difficult to be close to your Dad when you only see them every two weeks....

That's as maybe, but as a dad every 2 weeks counts and doesn't mean you stop loving them when they are not there.

Quite and it'll be even harder from the other side of the planet....

[DoubleSix]

Not sure my original comment has been interpreted as intended.

[Stupeo]

Thanks all.

Just to be clear, my wife doesn't stop her ex seeing him - he just doesn't want too. Even on the weekend he has him, he spends a day playing golf, time in the pub etc - he's just not very hands on.

[ascayman]

Stupeo said:

Thanks all.

Just to be clear, my wife doesn't stop her ex seeing him -

By taking him to the other side of the world that's exactly what she is doing.

[JustinP1]

Being cool with seeing your son every other weekend to being cool with once every other year is a big jump.

My suggestion would be a face to face/heart to heart with everyone involved before thinking of the legalities, as they could get messy.

[PurpleMoonlight]

Is there a Contact Order in place, or if not does the father have Parental Responsibility?

[Vaud]

It's a bit of a cliche, but always worth bearing in mind.

Parents have very few "rights" over children. They have a lot of responsibilities to children. The child has a lot of rights.

[Mr SFJ]

I think - IANAL but if said child is over 13, they have a choice of who to live with, but I'm not sure if that's applicable if you want to emigrate.

[3Dee]

Another important point is whether you have legally adopted said child!

I have personal experience on this, and adopted my new wife's two former children, precisely to avoid situations like this, and to make sure said children did not feel sidelined when a new natural son arrived a few years later. At the time the father was not overly concerned and did not contest even though he saw them from time-to-time! Best thing I ever did. 35 years later I have three grown-up children that do not see any differential between themselves, and we all love them equally!

It's a no-brainer (for me anyway).

[supersport]

Ask a solicitor, many offer a free 30 minute consultation and so can give you a likely answer. Also many do sessions at citizens advice.

[DoubleSix]

supersport said:

Ask a solicitor, many offer a free 30 minute consultation and so can give you a likely answer. Also many do sessions at citizens advice.

grrrrrrrrrrr!!

How about talking to the father like someone else has suggested!! It's not about what you CAN do (with the aid of a solicitor ) but what you should do morally, and rightfully.

Ok so the kid isn't especially close to his Dad right now but, as I was trying to say perhaps poorly earlier, this could simply be a function of the limited time they get together. Maybe in a year or two more common ground will emerge and the lad, and Dad, will grow closer - one things for sure that isn't going to happen if he's whisked off to the other side of the world with a solicitors letter in his back pocket.

[TwistingMyMelon]

OP have you even asked the father yet?

He might/will throw his toys out the pram, even if he doesn't spend time with the kids

Being lazy is one thing not being able to see your kids will be another

Good luck!

[ralphrj]

Can you emigrate with children after a divorce?

You need either the consent of the other parent or a court order over-ruling their objection.

[DoubleSix]

Internet says:

"the best course of action in the first instance is to try and seek the other parents’ consent. The best way to do this is to sit down and have a conversation with them."

Well holy st. who'd of thunk it... you mean speak to the other concerned party rather than lawyering-up to establish an advantageous position?