taking child to australia

[newbie2008]

my ex wishes to take my child of 10 to australia - i dont have Parental responsibility and have never filed for it becuase every time i asked her to sign the forms, she stopped me seeing my child so i thought it was easier to just let her have her way so i could still see my son - now im regretting this becuase i need PR in order to stop her taking him away. I see him every other weekend and have since he was born and i have paid child maintenance since he was born. my ex and I have never married but she now lives with another man. I had a solicitors letter through my door the other day to say as ive refused to sign the letters allowing consent to take my son and therefore disabling her in continuing with the rest of her application for a visa i will now be taken to court and at my expense. whats the chances of me stopping her taking my child?

[R1Geezer]

Call social services, surely taking a child to Awe-strucking-failure is itself a form of child abuse.

Not that social services are much use these days but hey you may get lucky.

[newbie2008]

why is it that bad? i dont think social services would do anything surely its a legal matter?

[johnny37]

Not sure about parental responsibility. I alway thought that unless there was a court order to the contrary it is assumed that both parents have joint responsibility whether the child lives with tthe parent or not. This means that you have a right to input on how the child is brought up, what school they attend, etc and whether the child should be allowed to leave the country. If your ex is taking you to court then the court will decide whether you are being ureasonable. Does she intend coming back? What reason do you have to suspect she might not?. Contravening your right to access and the childs right to access to you in a foreign country might reinforce your argument . After all the cooperation and responsibility you have shown the court might think this is a step too far. I strongly advise you to seek professional advice. Social Services and CAB might be a point of contact..

[bednobs]

what is she going to take you to court for? i don't understand

[ojread2]

R1 - If the parents were not married and the child was born before 1 Dec 2003, then the father does not have automatic parental responsibility - sad but true and thankfully the law was changed for the better.

Other than that newbie, I would suggest you consult a solicitor

[Rosetta]

You need to see a solicitor, one experienced in family law, as this is a legal matter.

I doubt Social Services would get involved on what you have said

[newbie2008]

shes taking me to court becuase I refuse to sign the consent form allowing him to go -therefore she is going to fight it in court and they will decide if he can go.

I have seen a solicitor and he will be sending a letter back but i just watned to know what my chances are really before i get my hopes up....

[ojread2]

Is that solicitor representing you in court?

[johnny37]

Is your solicitor an expert in family law? That is what you need. He should have already given you details on how your stand legally. Ithink the prime factors are the childs best interests, the childs lossof contact and your loss of contact. This could all be quite expensive if you make a counter claim for visiting rights. Ask the solicitor for some ball park figures. This story seems depressingly familiar. I wish you luck.

[newbie2008]

my solicitor is a family law solicitor but my ex's solicitor is also a family law solicitor so i dont know. He will be representing me in court yes. Im not worried about the money ill just get loans if i have to but i just need to know how i can stop her