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Taking my son to live in Australia

Deanna26

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Hi just after some advice if anyone can help. I want to go and live in Australia (from the UK) in 2 years with my son and my soon to be new husband, problem is FOB is on the birth cert and so has parental responsibility so I'd need his permission. FOB is a waste of space, hasnt seen our son for a year now. It was his choice to stop seeing him and he has never paid towards his upbringing other than the £2.50 a week the CSA takes from his Jobseekers Allowance - he quit his job 3 years ago when the CSA went after him and hasnt worked since. I really dont know if he'd give permission or not but does anyone know, if I took it to court is it likely the court would say yes? Considering he wouldnt have seen the child for at least 3 years, surely they wouldnt allow him much of a say or decide its in my sons best interests to stay near a father who hasnt bothered with him for so long?
 
Not sure but if its the rules then that probably doesnt differentiate from a deadbeat FOB whos never seen his kid to a good Dad who does. I would ask him directly first ( maybe by e-mail as a written record of his response or non response) and then take it to court showing you have followed correct procedure. If he refuses to give permission and he hasnt seen his child, I cant imagine a court ruling in his favour. They would want an explanation why he wont give permission and what valid explanation would he give if he hasnt seen his kid in years?
 
I'm not too sure but I know you have to get FOB's permission. I am sure if you haven't had any contact at all from either him personally or money wise for two or more years you can apply directly to the courts but I am not too sure. My best friends first child is with another man and her partner would like to adopt her one day.

I'd see a solicitor to get all areas cleared up because I wouldn't know when you'd need to start the ball rolling.
 
I don't know about the UK but here in America you have several options:

sole custody and permission and notification from/to the courts to move abroad

sole custody and permission from FOB to move (get this notarized)

termination of parental rights of FOB and then you are free to go. Here, he can consent to terminate or you can terminate his if he doesn't visit the child at all.
 

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