NSW Immigrating to USA - Permission from Son's Father Under Family Law?

[Liddiaj]

Hello,

My American husband and I are planning to move to the USA in 2019 taking our son and my son from my previous marriage with us. My son will be over 18 years old then so I don't expect there will be any legal issues with him coming with us (it will be his choice if he comes, he is not being forced).

My question is this though... we will need to apply for visas before he turns 18, most likely the middle of next year. Where does that leave me in regards to his father and gaining permission from him?

I assume he can ( and probably will ) refuse until our son has already turned 18 which totally throws out the timeline of us moving. I would like my son to come for a gap year with the option of returning home to Australia at the end if it if he hates living in the US.

Any help on family law would be appreciated. Thank you.

 

[sammy01]

So postpone your plans by 6 months, heaps cheaper than court

 

[Liddiaj]

While I appreciate your reply there are very good reasons why we are planning our move when we are. My question was more asking, would I require permission from him to apply for the visa?

My son may decide he doesn't want to come with us when the time is actually here. But I would like to have the necessary paperwork done so that the move is easier. Postponing by 6 months won't help in the least as we would still need to start the visa application while he was 17.

 

[AllForHer]

Have you already got a passport for the child?

 

[Liddiaj]

His passport is currently expired, however we are planning on visiting family in the US next year so we will need to apply for a new one which will require his father's permission. He signed last time, I see no reason he won't this time.