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Re: Danish custody order - Immigration Posted on: Mon, 20 Mar 2006 21:51:53 +0000


> Hi all....
>
> I'm in the process of being transferred by my company to Aus, from
> Denmark. I am an Irish citizen, as are my two sons, and I have held
> full custody of them since, July last year, from the Danish Courts,
> where we have lived for the past 3 years.
>
> Danish custody is quite straighforward, with the parent holding full
> custody, having all rights, and the non custody holding parent having
> really only visitation and contact. The right to travel is enshrined
> in the custody law, and if you have full custody, then you have the
> right to determine where the children should live.
>
> I have submitted my papers to the Immigration department in Sydney,
> and
> they have now asked for a Stat. Dec. from my ex-wife, as they say the
> custody papers dont contain express permission to leave the country.
> She won't sign, no chance. And she lives in Ireland. It's quite
> annoying because every single government department in DK and my own
> lawyer tell me that under Danish Law, her permission is not required,
> and that I can leave. Whats the best way of handling this, and
> getting
> the Australian Immig. Service to recognise the Danish Law?
>
> Thanks in Advance..
>
> Pete

Why won't she sign? It's not as if she currently pops round to see the
kids if she lives in Ireland. :rolleyes:

I'd think that a properly notarised statement that you have full custody
and that their mother refuses to give a Stat Dec (complete with her
contact details) would be a good start. Consulting an immigration
attorney in Denmark might also make sense, since they run into this
issue all the time, no matter what the destination country.

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