Bryson67 Posted March 28, 2019 Share Posted March 28, 2019 Morning, I have ten days left to put my Visa application in and I am struggling to find a solicitor who can do a statutory declaration saying I have sole parental responsibility. My sons dad is not on his birth certificate nor were we ever married. He has no access or court orders in place. I've asked the father to sign the statutory declaration but he is refusing to do so. Can anyone advise exactly what I would need to do/what documents i need to prove sole parental responsibility. Thanks in advance Quote Link to comment Share on other sites More sharing options...
ali Posted March 28, 2019 Share Posted March 28, 2019 I thought a solicitor would have been able to help you on this one - what have they given as their reasons that they can't (may help others to not suggest the same things you've tried). has your ex said why they don't want to sign? Do they pay any maintenance? Quote Link to comment Share on other sites More sharing options...
Bryson67 Posted March 28, 2019 Author Share Posted March 28, 2019 He has sporadically paid £2 a week maybe ten times in 12 years. He said he wasnt sure what the Australian authorities are asking for. He is saying he can do a declaration saying I have sole parental responsibility in Scotland and there are no access arrangements/court orders but he is not sure that will suffice Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted March 28, 2019 Share Posted March 28, 2019 You need to speak to a registered migration agent. You should be aware if he refuses permission you could be in for a court case Quote Link to comment Share on other sites More sharing options...
Bryson67 Posted March 28, 2019 Author Share Posted March 28, 2019 As I said before he doesn't have any parental rights to refuse. He would need to apply for those rights from a court which I am confident he wont and confident he would not be awarded rights. Quote Link to comment Share on other sites More sharing options...
Amber Snowball Posted March 28, 2019 Share Posted March 28, 2019 (edited) Is the fact he isn’t on the birth certificate enough? I know the law changed a few years ago and somewhere on here there is a thread which touched on it. When I moved 13+ years ago I didn’t need anything because he wasn’t on the birth certificate so by law had no parental responsibility. Do you have to declare him? I didn’t name my son’s dad on my visa application, but again that was a long time ago. I’ll see if I can find the other thread. ETA : this thread ‘Permission to take 16 year old?’ If you search for it on here it has some usful responses, some of them from a mara migration agent. Sorry I can’t copy and paste a link, mini ipad no like! Edited March 28, 2019 by Amber Snowball Added info Quote Link to comment Share on other sites More sharing options...
ali Posted March 28, 2019 Share Posted March 28, 2019 7 hours ago, Bryson67 said: He has sporadically paid £2 a week maybe ten times in 12 years. He said he wasnt sure what the Australian authorities are asking for. He is saying he can do a declaration saying I have sole parental responsibility in Scotland and there are no access arrangements/court orders but he is not sure that will suffice Tey want a decleration that as the father he gives permission for the child to live in another country. If you explain that he may be willing to sign. He has to (I think) get it witnessed by a solicitor and take his photo ID/passport to verify who he is. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 28, 2019 Share Posted March 28, 2019 As Amber says, who has told you that you need the document? Have immigration asked you to provide a document? Quote Link to comment Share on other sites More sharing options...
Bryson67 Posted September 24, 2019 Author Share Posted September 24, 2019 (edited) I have been asked by immigration to provide a court order within 28 days saying I have sole parental responsibility. This seems highly unlikely I will be able to obtain this. I sent a stat dec from a solicitor stating sole parental responsibility. I am now in contact with my sons father and he is willing to sign form 1229 giving permission but i am unsure if this is the correct form and unclear what a certified copy of his passport is? Realistically he has no parental responsibility so I'm not sure what good getting him to sign this form would do as it's meant to be for a parent with parental responsibility. Edited September 24, 2019 by Bryson67 Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 24, 2019 Share Posted September 24, 2019 4015: The Minister is satisfied of 1 of the following: (a) the law of the additional applicant’s home country permits the removal of the additional applicant; (b) each person who can lawfully determine where the additional applicant is to live consents to the grant of the visa; (c) the grant of the visa would be consistent with any Australian child order in force in relation to the additional applicant. 4016: The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the additional applicant 1229 should be good enough. 1 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted September 24, 2019 Share Posted September 24, 2019 3 hours ago, Bryson67 said: I have been asked by immigration to provide a court order within 28 days saying I have sole parental responsibility. This seems highly unlikely I will be able to obtain this. I sent a stat dec from a solicitor stating sole parental responsibility. I am now in contact with my sons father and he is willing to sign form 1229 giving permission but i am unsure if this is the correct form and unclear what a certified copy of his passport is? Realistically he has no parental responsibility so I'm not sure what good getting him to sign this form would do as it's meant to be for a parent with parental responsibility. A certified copy of his passport is a copy of it certifying that it is a true copy of the original. A solicitor can certify it. 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted September 24, 2019 Share Posted September 24, 2019 (edited) 1 hour ago, Tulip1 said: A certified copy of his passport is a copy of it certifying that it is a true copy of the original. A solicitor can certify it. If he’s in Scotland a notary public can certify it Edited September 24, 2019 by Marisawright Quote Link to comment Share on other sites More sharing options...
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