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Hi! I am filing Onshore Partner Visa 820, my child as my dependent is migrating with me. Although we are both already here in Australia on a tourist visa, with my Aussie husband. My child's biological father is a Filipino but he has no legal or custodial rights on her. He never supported her and we have no communication with him for several years. We were never married nor lived together. He was out of the picture the moment my child was born. On my daughters Birth Certificate under Father's Name it says UNKNOWN. My question is, do I have to still follow this:
Attach a certified copy of the court order giving you the sole legal right to determine where the child shall live or the right to remove the child from the country

I never had a court order cause the father was never been in the picture at all. I have a solo parent card issued from Philippines before and my daughter's birthday certificate. Will that be enough? Thank you in advance!
 

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I'm not sure what a solo parent card in your country is or entitles you to so I cannot respond to that.

My experience: In my state in the US, I had two laws that stated I was the sole custodial parent for the child which includes living wherever I want with the child. The biological father by law has no rights to the child. This issue was there was no court order stating this. It was just law.

I wrote a statement explaining why and how I was the sole custodian parent, quoted the appropriate statutes, and then gave the source so they could look it up themselves from the state website.

In addition to this though, and partially because I feared that wouldn't be good enough without a court order, I also went through the hassle to get a Form 1229.

So I can't tell you that what you have is enough or if you'll still be required to get a court order or form 1229. The form seemed far easier to acquire than going through the court system, however miserable it was to do so. The biological was never in the picture either, so it was a hassle to even get in contact with him to sign the form, but I'm glad I did to avoid any hiccups that may have arised without it.
 

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I will add, in my personal opinion, that not having the father on the birth certificate is irrelevant. It takes two people to make a child so immigration knows there's a father somewhere. You must be able to prove that you have the right to bring the child with you to live, or that he consents, or provide his death certificate if he is deceased.
 
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