IF my son is granted an australian passport can his father stop us leaving the country?
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IF my son is granted an australian passport can his father stop us leaving the country?
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I have applied for an Australian Passport for my son, as I am Australian. His father has flatly refused to sign for it as we have been divorced. The Australian embassy have said I don't need his Signature as long as I provide a letter with the application explaining reasons for my son to be granted the Passport. They will ask him again, but can override him if they feel the letter is in my son's best interests. My real question is if its granted can he stop us leaving the UK?
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froggequene
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You need to go to a solicitor & sort out your son's custody before you attempt to leave the country with him
Both the UK & Australia are signatories of the Hague Convention on child abduction
If the Australian Embassy contacts your ex & realises there is a child custody issue chances are they won't issue a passport until it's resolved |
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Ramon
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as long as your son is UNDER the age of 18 then yes the father has the right to prevent his son from leaving the country
you can take the father to court and get SOLE custody of your son in order for you to take the boy out of the country
if the kid is aged 18 or older - then he can live or travel where-ever he likes
I do not beleiev that any embassy has the right to "override him if they feel the letter is in my son's best interests"
As long as you can prove that you have legal SOLE custody of the boy then you can take him out of the country. The embassy follows the law and the legal documents.
Embassies are not interested in determining the best interest of the child - thats what the courts are for. |
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