Guest colin ambler Posted August 18, 2008 Report Share Posted August 18, 2008 Hi all. Has anyone been through this situation before ??. We have a BIG BIG PROBLEM we are tring to all move to Perth i have a subclass 137 visa and want to bring my partner and her little girl out as well. The problem we have is that her true father is stopping us from bringing her out. We want to be in the situation that after 3-4 years they should get granted a Australian passport which will give her the opportunity to have a better way of life for her and her future children. Her father can not see this as he likes his life as it is seeing her every two weeks for 2 days only and a one week holiday every year if she is lucky. I have tryed to talk to him saying he will be able to see her every 4 months and have her for as long as he likes and have also offered to pay flights out and sort out all accomadation for him and his wife but has no intention of coming to Perth to see his own daughter. We have offered to set up daily contact via internet/web cam. The only way of getting round this i think is court ?? has anyone been through this situation before ?? I can sponsor my partner and our little girl through a Defacto Visa so i have been told. Can someone help us . Regards Col Quote Link to comment Share on other sites More sharing options...
Guest leeob77 Posted August 18, 2008 Report Share Posted August 18, 2008 sorry col dont have the answer you are looking for. if you dont get any joy on here try posting on the bigger brother to perthpoms - pomsinoz. there are thousands of members and im sure they will be of some help. lee. Quote Link to comment Share on other sites More sharing options...
Guest colin ambler Posted August 18, 2008 Report Share Posted August 18, 2008 Thanks Lee i will try that. Quote Link to comment Share on other sites More sharing options...
Guest suzy+1 Posted August 18, 2008 Report Share Posted August 18, 2008 Hi, yes lots of simialr post on pomsinoz, there are alot of people that have had to go through the courts so hopefully you should find some advice on there. Quote Link to comment Share on other sites More sharing options...
Guest guest1228 Posted August 18, 2008 Report Share Posted August 18, 2008 Hi Col, I think it depends on if the birth father has parental responsibility. If your partner and he were married then he does but if not unmarried fathers do not automatically have parental responsibility unless the child was born after a certain year (2000 I think) If all else fails I would take advice from a family lawyer, a lot depends on how long you and the mum have been together, does the child see you as her father etc etc. The childs age also comes into it, if she is say 10 or 11 onwards the courts look favourably on what their opinion is (Ie does she want to go?) Hope this helps Fiona Quote Link to comment Share on other sites More sharing options...
ali Posted August 18, 2008 Report Share Posted August 18, 2008 If the father doesn't give permission then you will need to go to court to persusue this further. As Fiona says go and see a family lawyer, but also ask if they have experience of dealing with cases for immigration purposes. You need to fully do your research and present to the court why it would be better for your child to be in Aus, you need to present where you intend living, schools etc., and also a detailed account of how you will ensure contact with the father continues e.g. webcame, phone calls, holdidays - who will pay? Will you take the child or pay for the father to visit, the court wants you to show that you will maintain the childs relationship with the other parent (even if they only see them 2 days a forthnight). The same will be for your partners child - unless he can get his ex to agree. You have to wait 4 years to apply for citizenship Ali Quote Link to comment Share on other sites More sharing options...
Guest colin ambler Posted August 19, 2008 Report Share Posted August 19, 2008 Ali Thank you very much for the infomation . I think it will end up going to court which will cost alot of money and in the long run knowing how British courts are they will not let us go. You would think if you are prepared to do anything so the father has contact at all times and we would be prepared to bend over backwards to make sure of it ...The father would say Go.... knowing that his little girl would have a better life and future than in England. Its not as if we will stay there for ever its only until we all get our passports and then she could come home until she is at a age to make her own mind up what she wants to do with her life. Not many people get that chance in life. Regards Col Quote Link to comment Share on other sites More sharing options...
Guest colin ambler Posted August 19, 2008 Report Share Posted August 19, 2008 Hi fiona We have known each other for 4 years and have lived together for 3.5. Our little girl treats me like a second dad or tho she want admit it but we get on fantastic and have a great relationship She is 9.5 years old and is treated as if she is my own . We have been in touch with a family law solicitor and have been told to put together a case agaist him. Thanks for you Help. Quote Link to comment Share on other sites More sharing options...
ali Posted August 19, 2008 Report Share Posted August 19, 2008 A lot of people go to court and win - so don't despair - check it out Good luck Ali x Quote Link to comment Share on other sites More sharing options...
Greg Posted August 20, 2008 Report Share Posted August 20, 2008 Ali Thank you very much for the infomation . I think it will end up going to court which will cost alot of money and in the long run knowing how British courts are they will not let us go. You would think if you are prepared to do anything so the father has contact at all times and we would be prepared to bend over backwards to make sure of it ...The father would say Go.... knowing that his little girl would have a better life and future than in England. Its not as if we will stay there for ever its only until we all get our passports and then she could come home until she is at a age to make her own mind up what she wants to do with her life. Not many people get that chance in life. Regards Col I hope that whatever happens is in the childs best interest. You cannot pin everything on her having a better life here, some things are better here, some are not. Quote Link to comment Share on other sites More sharing options...
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