Can i emmigrate to australia without my sons estranged fathers consent?

Question

my husband and i wish to emigrate to Australia but I'm not sure if i need the permission of my 13 year old sons father. he lives locally and pays maintenance but my son chose not to have any contact with his father a year ago after an on off relationship with him for the past 7 years due to arguments with his dads girlfriend. his dad chooses not to pursue a relationship with his son and hasn't tried to make any contact with him for this past year even though he lives less than half a mile away. he also moved house without telling his son. which authority must i contact to be sure i don't need permission.

Answer 1

Unless he has relinquished parental responsibility, no you cannot legally.  If what you are saying is right, is there any reason why your son's father would raise any objection?  Or is there something more to this, such as parental alienation? It is not unknown for mothers and stepfathers to poison their children against their natural fathers, because he is considered an inconvenience.

If you or your son are not on good terms with his father (which is normal after most divorces) then you could apply through the County Court for leave to emigrate.  The Court must then approach the father for his views, and if necessary refer it to a CAFCASS welfare officer for a report.

Answer 2

if he doesnt have a passport yet then you definetly do need his consent to get one for him otherwise you have to give them a notarised signed paper that he is not in his life no more . but if he does have a passport then to prevent later problems i will let him know . no excuses.