Court order for permission to take DD to Oz

[vivvyenn]

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

Does that mean when I travel with my dc abroad, without their dad, I should get a letter from him?
I regularly fly, to Europe/US/Australia, with dc alone and I've never been asked, how do they know whether I'm divorced, widowed or just travelling alone? Even immigration in US (known to be pretty thorough!) have never asked where dc dd was/is.
It's never crossed my mind!

I took my DS abroad...Canary Islands...My DS was asked his name and date of birth at airport..

I have same surname I think it is challenged more with separate surname .

A year abroad is a different situation.. I would be concerned it could open up a can of worms in my situation so imagine you feel the same.

Ah Starry, you're probably right about surnames. Mine and DC are the same - perhaps that's why we've never been challenged.

I've flown to Australia numerous times with dd1 without dh and never been asked. What happens if you're a widow?

You take copies of birth and death certificates if you're a widow.....

OP is not planning a holiday. She won't be on a tourist visa. She needs permission or a court order.

Without permission the OP won't be granted a visa - when we emigrated I had to get my ex husbands written permission to take the kids.

You don't need permission from the other parent for short visits (up to a month I think). You do need it for longer visits if the other parent has PR.

My DD went on hols with her Dad last year but as she has my surname ge was stopped and asked for proof of permission, luckily I'd written a letter for him otherwise he wouldn't have been allowed "into" *past customs) the US.

It's having different names that triggers the checks,not travelling as a lone parent.

I won my LTR case OP - happy to chat on thread or pm if you like?

seven it's true you aren't necessarily going to be asked for proof of permission - I carry my court order when travelling but have never been asked to produce it.

However - if OP's ex found out she had left with the dc, without his permission, she would indeed potentially face kidnapping charges. Unlikely that anyone would attempt to force a return from Australia but it would rule out returning to the UK!

Highly unlikely you wouldn't get LTR, though, & you could certainly represent yourself.

having worked with visas for years my advice is just ask the Australian Embassy - you'll know the requirements then..Australian Immigration will happily deport you so why take a chance?

I love the logic that people with different surnames to their partner are more likely to be running away with a child. It's not as if spouses with the same name ever split up or do the dirty on one another, is it? But I agree it's better to be prepared for this than risk being stopped at the airport, even if it does seem to operate in a very nineteenth-century way.

Do you know he is alive? After 7 years you could try to have him declared dead.

Tracelled to US, Cuba, Europe 10+ times. Never been stopped or asked for a letter. Different surnames to DC. Still take one though!