> There are only two safe ways to proceed:
>
> Obtain the written consent, in the required legal format, from the
> other party for the children to be permanently removed from the UK,
> preferably including a statement that he has taken independent legal
> advice and believes that the best interests of the children are served
> by … This is not entirely safe, because he can always renege …
> Having reconsidered, I feel that the best interests of the children
> are served by …
>
> If you are advised that the other party retains no parental rights,
> apply for a court order that says so.
>
> DIMIA MUST take into account, the parental rights of the other parent,
> whether the laws of the UK permit you to permanently remove the
> children, and the best interests of the children. You cannot expect a
> visa case officer to be perfectly well acquainted with UK law, or
> Australian immigration law for that matter, and you certainly cannot
> expect a case officer to know what might be in the best interests of
> your children.
>
> With whom will your children be living in Australia?
> What are the parenting antecedents of these individuals?
> What arrangements to you propose to make for their education?
> What arrangements, if any, do you propose for significant adults to
> have access to the children, grandparents for example?
> Having considered the issue, what is the opinion of the grandparents
> about the removal of the children?
>
> You should consult a family law specialist, and be guided by the
> professional advice you receive.
If parental rights already exist it may not be possible to obtain such a
court order.
DIMIA's policy manual states that case officers must take this into
account. The relevant Australian mission responsible for the country
concerned, or DIMIA Family Section in Canberra, are supposed to be
consulted if anything is unclear.
What are you trying to suggest here?
Not relevant where the custodial parent has the right under home country
law to remove the child from the jurisdiction.
Jeremy
--
This is not intended to be legal or professional advice in any
jurisdiction
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