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Court order for permission to take DD to Oz

(41 Posts)
vivvyenn Fri 11-Mar-16 20:29:33

Hello, I am wondering whether anyone can help me? I have been offered an incredible opportunity to take DD to Australia for a year. Her father was highly abusive, there was a trial (which collapsed sadly) and there has been no contact for 8 years. He has never paid maintenance, never sent a birthday card/Christmas card etc - he is a total stranger to her. He is on her birth certificate and we were married when she was born so he has PR. I have been told by a solicitor that in order to take her away I need his permission - they would have to track him down and ask his permission, and if he refused then I could go to court. She said that I would, in reality, be given permission to go but that it would cost in excess of £5000 + Vat. I cannot contact him, to do so would put myself and my children at risk - there is a very real danger that he would harm us if he found us. So, what I wanted to ask was if I can apply to the courts by myself, which would as I understand it cost £215? If I did this would he still have to be contacted? The thought of having to have contact with him made me literally vomit earlier on today...I suffer from PTSD because of the abuse both myself and the children suffered. Any advice would be appreciated. Many thanks

babybarrister Fri 11-Mar-16 20:31:50

Yes he would have to be contacted even if you applied to the court representing yourself.

Fourormore Fri 11-Mar-16 20:33:37

You can apply yourself and I think it would be reasonable to put in the application the reasons why you hadn't contacted him.

The problem is that there would be a hearing so you would be in the same room as him for that unless he either didn't turn up or responded to the application by giving you permission so a hearing wasn't needed. You may also have to serve the papers on him (which could be done by post).

Someone more experienced will no doubt be along shortly but this sounds like it would be a leave to remove case and as I understand it they can be fairly complex and take quite a long time if the other parent isn't in agreement for whatever reason.

AndNowItsSeven Fri 11-Mar-16 20:36:12

Just apply for a passport and take her , nobody is going to ask you for parents permission.

mamas12 Fri 11-Mar-16 20:43:37

If there's been n contact for 8 years will he even notice you've gone?
Just go fgs

MumOnTheRunCatchingUp Fri 11-Mar-16 20:46:06

seven why would you offer unlawful 'advice'?

LaurieFairyCake Fri 11-Mar-16 20:59:46

What are you all blathering about hmm

She can't just take her as they will ask at the airport for the letter of permission from the other parent to take her out the country

And even if they didn't ( and they will) who's going to take the risk of setting all this up to be stopped at the airport?

vivvyenn Fri 11-Mar-16 21:11:33

Thanks for the advice so far. I can't just take her, sadly, as there is the very real risk of us being stopped and if I cannot produce the relevant paperwork then we would be sent home on the next flight. I could even be charged with abduction which is ridiculous but that's the way it is. I cannot serve papers on him as I have no idea where he is - the last known address was, according to the police (who have been heavily involved) trashed by him before he left there and that was about 4 years ago. I do understand the need for vigilance as children can be and are abducted by parents but in a clear case where there is lots of evidence of abuse, no contact, police advice to stay well away from him there should be some kind of provision.

AndNowItsSeven Fri 11-Mar-16 22:55:55

Because they don't ask permission at airports when just one parents takes a child on holiday. They just don't.

titchy Fri 11-Mar-16 23:09:55

A holiday OP may be able to get away with. Living and working innOz for a year means visas and lots of immigration questions.

Take it to court. Someone can service him at a cost of a couple of hundred.

Fourormore Fri 11-Mar-16 23:10:18

Except they do, Seven.

MumOnTheRunCatchingUp Fri 11-Mar-16 23:20:05

A solicitor can perform a 'seek and find' I think?

He can be tracked quite easily

MooseBeTimeForSnow Fri 11-Mar-16 23:20:47

Do you know the address for any of his close family? You might have to instruct an enquiry agent. Only if you have exhausted all available options will a judge consider dispensing with service.

You can ask for your address to be omitted from the documents. There's a confidential address form you can file with the court so they know, but he won't.

MumOnTheRunCatchingUp Fri 11-Mar-16 23:21:17

And you'll need his details for the passport alone won't you?

SueLawleyandNicholasWitchell Fri 11-Mar-16 23:22:47

Do a little Google search on him. Or Facebook?

Sootica Fri 11-Mar-16 23:35:53

You don't have to try that hard to find him. Apply, give the court the into here, take reasonable steps to trace him and given that he's not been in contact for 8 yrs you'll highly likely get permission.
Did you ever apply for child maintenance? They should have been trying to track him down if so

They do Seven. I flew to the Netherlands with my son last year and was asked for a letter from his father. I had no idea what they were talking about so was interviewed.

Ledkr Fri 11-Mar-16 23:55:23

Nobody has ever asked me and I went all over the place with my two.
Can see it might be different for a year trip though.

23jumpstreet Fri 11-Mar-16 23:55:42

Never heard of this a parent going on holiday being checked over ?? Strange never happened to me as I don't know where my kids dad.

VimFuego101 Fri 11-Mar-16 23:55:52

seven, you are incorrect. I'm glad the OP understands the risks of taking her child out the country without permission.

OP, i'm sure you will ultimately win your case if he hasn't even seen your child in 8 years. Have you looked into what might constitute attempting to find him as far as a court is concerned? I wonder if applying for child maintenance (probably won't end in any maintenance but would show he's untraceable) would be sufficient.

AndNowItsSeven Sat 12-Mar-16 00:04:00

It must have changed in the last few years , apologies op. My dsis took her dd to the US for six months in 2008 no permission was required.

MidniteScribbler Sat 12-Mar-16 00:18:25

Because they don't ask permission at airports when just one parents takes a child on holiday. They just don't.

It can happen. My DS is donor conceived and I always carry a letter from the clinic stating he was conceived by donor. Once I pull that out then I have no issues. Better to be safe than sorry.

BellaEnderby Sat 12-Mar-16 00:24:34

I have taken my children abroad several times without their father and had no problem at all . Never been asked a thing . My husband just does not like to travel so we holiday without him . Never has anyone said anything to us .

SueLawleyandNicholasWitchell Sat 12-Mar-16 00:26:13

But a holiday is different from relocating for a year.

MaitlandGirl Sat 12-Mar-16 00:38:24

Vivvyen have you contacted a migrant agent? They'd def be the best people to help in this situation as they'll have come across this sort of thing before.

There are 66 migration agents registered in the UK to offer advice (so not crooks who'll just take your $$ or give you misleading advice) so there's plenty of experience available to you.

www.mara.gov.au/search-the-register-of-migration-agents/

Search using this link for agents registered in the UK. I know a lot of people have used Go Matilda and say that they're very easy to deal with and very honest.

Good luck.

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