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Does divorced father have to give permission for daughter to leave U.K?


Jordan01

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Since daughter has a passport already, she is free to travel, regardless of whether under or over age of 16, unless she is on the prevention list.

 

You would certainly required to seek your ex's permission to remove/relocate your daughter, even if under UK law, daughter can make her own decision once turned 16, it still advisable.

 

Remove a minor without other parent/legal guardian's consent is a serious matter.

 

An Australian Citizen can be granted a visa and travel to Australia on a UK passport, however, application for a visa will still need all parents/legal guardians to sign to my knowledge.

 

Surely not if under 16? every child has to have a passport these days but would the authorities (passport control, airline staff and the like) let an unaccompanied 2yr or 8yr or 12 yr old fly out of the country? I think not.

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Since daughter has a passport already, she is free to travel, regardless of whether under or over age of 16, unless she is on the prevention list.

 

You would certainly required to seek your ex's permission to remove/relocate your daughter, even if under UK law, daughter can make her own decision once turned 16, it still advisable.

 

Remove a minor without other parent/legal guardian's consent is a serious matter.

 

An Australian Citizen can be granted a visa and travel to Australia on a UK passport, however, application for a visa will still need all parents/legal guardians to sign to my knowledge.

 

Really? Perhaps another migration agent could comment on this advice as it seems slightly questionable.

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I do not think it would be a problem unless the Airline staff or authority has doubt about it, then they may make a contact with their parent(s) to confirm. Minor can not travel alone without an adult accompany him or her, or have pre arrangement for minor traveling alone. The process of unaccompanied minor traveling alone is simple, fill out the form and signed all done at airport, minors usually will have a sign over their nick, once arrived at the destination, the fight onboard staff will hand them over to the airline ground staff, and leads them out to the waiting area, and handed them over to the person (family, friend) waiting at the airport, the process certainly relevant to safety issue, not about the lawful removal a minor we had discussed.

 

I remember couple of years ago, a mother took her son onboard without father's consent, who also has joint custody over their son, but only emailed him an hour or so before departure, when the father alert the US authority, guess what? The authority had ordered the flight to return back to Dulles Airport, despite the flight was already in Canadian Airspace. Dont know if UK law much different to US?

 

It practically impossible to check each and every minor, 2 yrs 5 yrs or 8 yrs, whether both parents agreed such a travel every time they fly out.

 

Surely not if under 16? every child has to have a passport these days but would the authorities (passport control, airline staff and the like) let an unaccompanied 2yr or 8yr or 12 yr old fly out of the country? I think not.
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I do not think it would be a problem unless the Airline staff or authority has doubt about it, then they may make a contact with their parent(s) to confirm. Minor can not travel alone without an adult accompany him or her, or have pre arrangement for minor traveling alone. The process of unaccompanied minor traveling alone is simple, fill out the form and signed all done at airport, minors usually will have a sign over their nick, once arrived at the destination, the fight onboard staff will hand them over to the airline ground staff, and leads them out to the waiting area, and handed them over to the person (family, friend) waiting at the airport, the process certainly relevant to safety issue, not about the lawful removal a minor we had discussed.

 

I remember couple of years ago, a mother took her son onboard without father's consent, who also has joint custody over their son, but only emailed him an hour or so before departure, when the father alert the US authority, guess what? The authority had ordered the flight to return back to Dulles Airport, despite the flight was already in Canadian Airspace. Dont know if UK law much different to US?

 

It practically impossible to check each and every minor, 2 yrs 5 yrs or 8 yrs, whether both parents agreed such a travel every time they fly out.

 

https://www.gov.uk/permission-take-child-abroad check this out from the UK gov.

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I do not think it would be a problem unless the Airline staff or authority has doubt about it, then they may make a contact with their parent(s) to confirm. Minor can not travel alone without an adult accompany him or her, or have pre arrangement for minor traveling alone. The process of unaccompanied minor traveling alone is simple, fill out the form and signed all done at airport, minors usually will have a sign over their nick, once arrived at the destination, the fight onboard staff will hand them over to the airline ground staff, and leads them out to the waiting area, and handed them over to the person (family, friend) waiting at the airport, the process certainly relevant to safety issue, not about the lawful removal a minor we had discussed.

 

I remember couple of years ago, a mother took her son onboard without father's consent, who also has joint custody over their son, but only emailed him an hour or so before departure, when the father alert the US authority, guess what? The authority had ordered the flight to return back to Dulles Airport, despite the flight was already in Canadian Airspace. Dont know if UK law much different to US?

 

It practically impossible to check each and every minor, 2 yrs 5 yrs or 8 yrs, whether both parents agreed such a travel every time they fly out.

 

I know how unaccompanied minor system works, but then the approval of parents is already in place, you stated that anyone under 16 with a passport can freely travel which is clearly wrong!

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An Australian Citizen can be granted a visa and travel to Australia on a UK passport, Is this you question about?

 

It is a Declaratory visa (5 yrs visa) specially for Australian citizen travel on foreign passport.

 

Application form is 931.

Really? Perhaps another migration agent could comment on this advice as it seems slightly questionable.
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You are right both parents' approval needs to be in place, however the parents' approval had already been given by signed on passport application form, and will be remain in force as long as the passport is valid. Parent will need to inform the authority if any one of them wants to withdraw the approval, then the minor's name will be on the prevention list, the minor will not free to travel/leave the country, that is how Australian legal system works, I personally don't in UK would be much different, as Australian Law largely based on British law (formally British Colonies).

 

Anyhow whatever I posted here can be concluded as following:

 

1. A permission from ex husband is needed or at least notify him in the event of daughter can make her own decision after turned 16.

 

2. To apply for a visa is possible but still needs E/H to sign. There is no short cut or way around to by pass the ex.

I know how unaccompanied minor system works, but then the approval of parents is already in place, you stated that anyone under 16 with a passport can freely travel which is clearly wrong!
Edited by Wei Shu
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You are right both parents' approval needs to be in place, however the parents' approval had already been given by signed on passport application form, and will be remain in force as long as the passport is valid. Parent will need to inform the authority if any one of them wants to withdraw the approval, then the minor's name will be on the prevention list, the minor will not free to travel/leave the country, that is how Australian legal system works, I personally don't in UK would be much different, as Australian Law largely based on British law (formally British Colonies).

 

Anyhow whatever I posted here can be concluded as following:

 

1. A permission from ex husband is needed or at least notify him in the event of daughter can make her own decision after turned 16.

 

2. To apply for a visa is possible but still needs E/H to sign. There is no short cut or way around to by pass the ex.

 

Please do not follow this advice!

 

A parent does not give approval to relocate to another country based on a signature on an application form for a passport.

 

I have already told you what the procedure is - go to mediation and then make an application at Court on a C100 form.

 

if you take her out of the country you could find yourself subject to proceedings under the Hague Convention.

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Interesting, where in my post I've said or suggested that a parent's signature on passport application form = approval of relocate to another country?

Please do not follow this advice!

 

A parent does not give approval to relocate to another country based on a signature on an application form for a passport.

 

I have already told you what the procedure is - go to mediation and then make an application at Court on a C100 form.

 

if you take her out of the country you could find yourself subject to proceedings under the Hague Convention.

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Interesting, where in my post I've said or suggested that a parent's signature on passport application form = approval of relocate to another country?

 

You are right both parents' approval needs to be in place, however the parents' approval had already been given by signed on passport application form, and will be remain in force as long as the passport is valid. Parent will need to inform the authority if any one of them wants to withdraw the approval

 

 

this is misleading advice.

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Please do not follow this advice!

 

A parent does not give approval to relocate to another country based on a signature on an application form for a passport.

 

I have already told you what the procedure is - go to mediation and then make an application at Court on a C100 form.

 

if you take her out of the country you could find yourself subject to proceedings under the Hague Convention.

 

Fully agree Racmac, advise by Wei Shu is suspect and I would advise anybody in the subjects situation to be 100% sure in all aspects and not to make any assumptions. A little time and effort now can save much heartache later.

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Fully agree Racmac, advise by Wei Shu is suspect and I would advise anybody in the subjects situation to be 100% sure in all aspects and not to make any assumptions. A little time and effort now can save much heartache later.

 

I am still hopefully waiting for a migration agent to intervene, as yes, I believe the 'advice' given is extremely dodgy to day the least.

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I am still hopefully waiting for a migration agent to intervene, as yes, I believe the 'advice' given is extremely dodgy to day the least.

 

For a Declaratory Visa to be granted in a foreign passport for an Australian citizen, evidence of Australian citizenship must be obtained and this can be done only in Australia and there must be urgent circumstances - and see my previous post. For those who want more, search forms 119 and 931.

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TRAVEL is not same or equivalent to RELOCATE, consent to Travel had already been given by both parents when signed on passport application form. It will remain in force by default, minor is free to travel. Parent can notify the authority to place the minor on the PACE list, if decided to withdraw the consent to allow minor to travel. That is how Australian Legal System works.

 

By giving reason of RELOCATE as purpose of a trip rather then TRAVEL upon arrival on a tourist visa, sure you will be questioned for hours by Australian Boarder Force, not to mention to place you on next plane home.

 

To relocate a minor, involves not only legal part, but moral part consideration as well.

 

For the best interest of the daughter, my suggestion is very clear, a consent is REQUIRED, and to inform her father is RECOMMENDED even if daughter is able make her own decision legally, after turned 16.

 

I also made it very clear, to remove and relocate a minor without other parent's permission is very serious matter.

 

Not sure where I have suggested that signing on passport application form is giving consent to relocate.

 

Passport is a travel document, not a legal document for relocation.

 

See my original post below.

 

 

Since daughter has a passport already, she is free to travel, regardless of whether under or over age of 16, unless she is on the prevention list.

 

You would certainly required to seek your ex's permission to remove/relocate your daughter, even if under UK law, daughter can make her own decision once turned 16, it still advisable.

 

Remove a minor without other parent/legal guardian's consent is a serious matter.

 

An Australian Citizen can be granted a visa and travel to Australia on a UK passport, however, application for a visa will still need all parents/legal guardians to sign to my knowledge.

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TRAVEL is not same or equivalent to RELOCATE, consent to Travel had already been given by both parents when signed on passport application form. It will remain in force by default, minor is free to travel. Parent can notify the authority to place the minor on the PACE list, if decided to withdraw the consent to allow minor to travel. That is how Australian Legal System works.

 

By giving reason of RELOCATE as purpose of a trip rather then TRAVEL upon arrival on a tourist visa, sure you will be questioned for hours by Australian Boarder Force, not to mention to place you on next plane home.

 

To relocate a minor, involves not only legal part, but moral part consideration as well.

 

For the best interest of the daughter, my suggestion is very clear, a consent is REQUIRED, and to inform her father is RECOMMENDED even if daughter is able make her own decision legally, after turned 16.

 

I also made it very clear, to remove and relocate a minor without other parent's permission is very serious matter.

 

Not sure where I have suggested that signing on passport application form is giving consent to relocate.

 

Passport is a travel document, not a legal document for relocation.

 

See my original post below.

 

I again post the link to the UK Gov website regarding taking children abroad. it is not about relocation or holiday it is directly about taking a child abroad. A passport is NOT a parental consent/approval for a minor to travel abroad. Your advise could cause serious problems and stress to someone.

https://www.gov.uk/permission-take-child-abroad

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TRAVEL is not same or equivalent to RELOCATE, consent to Travel had already been given by both parents when signed on passport application form. It will remain in force by default, minor is free to travel. Parent can notify the authority to place the minor on the PACE list, if decided to withdraw the consent to allow minor to travel. That is how Australian Legal System works.

 

By giving reason of RELOCATE as purpose of a trip rather then TRAVEL upon arrival on a tourist visa, sure you will be questioned for hours by Australian Boarder Force, not to mention to place you on next plane home.

 

To relocate a minor, involves not only legal part, but moral part consideration as well.

 

For the best interest of the daughter, my suggestion is very clear, a consent is REQUIRED, and to inform her father is RECOMMENDED even if daughter is able make her own decision legally, after turned 16.

 

I also made it very clear, to remove and relocate a minor without other parent's permission is very serious matter.

 

Not sure where I have suggested that signing on passport application form is giving consent to relocate.

 

Passport is a travel document, not a legal document for relocation.

 

See my original post below.

 

permission to apply for a passport is not giving consent to travel. You are wrong.

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permission to apply for a passport is not giving consent to travel. You are wrong.

 

One has to wonder if Wei Shu is aware of UK law or is merely quoting the law from some other country and assumes its the same?

Edited by Nemesis
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I would seek legal advice due to the The Hague Convection Act . My daughter was 16 and birth father refused to allow her to leave the UK and reside in Australia , we had to go through the courts to get a removal of jurisdiction from the country of residence ( Uk) . It was granted due to her age of being 16 .

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Everyone is correct that I do not have any knowledge of UK law, and I should have studied some before say any here, and If I did, then I would have known that free to travel and legally to take a minor aboard have same the legislative meaning at UK law, or have same the dictionary meaning somewhere in Oxford dictionary, my mistake sorry.

 

I am in Australia, so I do know if am taking my son out the country, who is still a minor and has a valid passport, the authority is unable to stop me from doing it, he is free to travel, even if my wife actually not permitted therefore I am not legally to take him. My wife will have to take legal steps to have my son’s name listed on the prevention (PACE) list.

 

Forgot to mention that my wife has bad memory, she once chucked my passport in the washing machine, which resulted me not free to travel.

 

Since daughter has a passport already, she is free to travel, regardless of whether under or over age of 16, unless she is on the prevention list.

 

You would certainly required to seek your ex's permission to remove/relocate your daughter, even if under UK law, daughter can make her own decision once turned 16, it still advisable.

 

Remove a minor without other parent/legal guardian's consent is a serious matter.

 

An Australian Citizen can be granted a visa and travel to Australia on a UK passport, however, application for a visa will still need all parents/legal guardians to sign to my knowledge.

Edited by Wei Shu
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Everyone is correct that I do not have any knowledge of UK law, and I should have studied some before say any here, and If I did, then I would have known that free to travel and legally to take a minor aboard have same the legislative meaning at UK law, or have same the dictionary meaning somewhere in Oxford dictionary, my mistake sorry.

 

I am in Australia, so I do know if am taking my son out the country, who is still a minor and has a valid passport, the authority is unable to stop me from doing it, he is free to travel, even if my wife actually not permitted therefore I am not legally to take him. My wife will have to take legal steps to have my son’s name listed on the prevention (PACE) list.

 

Forgot to mention that my wife has bad memory, she once chucked my passport in the washing machine, which resulted me not free to travel.

 

I think that the question here is not about travelling for a holiday, but removing a minor to live in another country - which are two different things.

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May I suggest that the OP review this:

 

4015 The Minister is satisfied of 1 of the following:

(a) the law of the additional applicant's home country permits the

removal of the additional applicant;

(b) each person who can lawfully determine where the additional

applicant is to live consents to the grant of the visa;

© the grant of the visa would be consistent with any Australian child

order in force in relation to the additional applicant.

4016 The Minister is satisfied that there is no compelling reason to believe

that the grant of the visa would not be in the best interests of the additional

applicant.

4017 The Minister is satisfied of 1 of the following:

(a) the law of the applicant's home country permits the removal of the

applicant;

(b) each person who can lawfully determine where the applicant is to

live consents to the grant of the visa;

© the grant of the visa would be consistent with any Australian child

order in force in relation to the applicant.

 

and consult a registered migration agent if more help is needed.

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