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Guest Kesia

absent parent issue

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Guest Kesia

my daughter is 8 and her biological father has never had any contact does not pay any child support. He is not a british citizen and she was born here in uk. He is on her birth certificate. So my question is - on a 175 with my husband /Her step father/ what are the chances that i will not have to get her birth father permission. We have a solicitor letter supporting my claim of his lack of interest. Finally, i have changed her surname by deed poll to my married name. What do u think?

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my daughter is 8 and her biological father has never had any contact does not pay any child support. He is not a british citizen and she was born here in uk. He is on her birth certificate. So my question is - on a 175 with my husband /Her step father/ what are the chances that i will not have to get her birth father permission. We have a solicitor letter supporting my claim of his lack of interest. Finally, i have changed her surname by deed poll to my married name. What do u think?

 

You may not have to get permission but you may have to get more than a solicitors letter supporting you. This is because neither you or solicitor working on your behalf can make claim to know what the fathers wishes and feelings are.

 

Have you tired to make contact with her father? A paper trail showing you have tried and have not been successful may go some way to help you.

 

Has your husband adopted your daughter or got a PR Order? Again that would help because changing her name to his does not give him any rights to decide what happens to her in the application or anything else in life.

 

Failing all that you may need a Court Order, which can be made in the fathers absence if he cant be found. Giving you permission to take her out of the Country.


05/09/09 Mailed my 309/100 app 17/09/09 CO 05/10/09 Meds 08/10/09 PCC 09/10/09 Xray, 18/12/09 Extra Medical report recieved by CO 14/01/10 Hep B test, 09/02/10 New CO aggh 18/02/10 309, Baby visa needed now for our move in Sept 2011

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Personally, I think as Shel suggested ... a paper trail to show that you have gone to every reasonable means to track him down to ask for permssion, with a stat declaration stating that you have done so and witnessed by a solicitior


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Guest Demi60

Hi Kesia,

 

I was in a similar position to you and had to get a Court Order giving me permission to take my ten year old daughter out of the UK. Hope this helps and good luck for your new life.

 

Demi

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Guest Kesia

How do you get a court order? I mean what does it involve and how does it take to get one? We have our application lodged and will have to wait 3 years so I have plenty of time.

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You need to consult a family solicitor for advice, although a Court Order can be obtained without one if you were willing and confident enough to represent yourself.

 

Here are some links for you to read about the process..

Cafcass - Putting children first in family courts > The law about children > Contact and residence

 

The Children's Legal Centre | Residence | What is a residence order?

 

Leave to Remove - The Custody Minefield

 

Family Justice Council - Children and their parents


05/09/09 Mailed my 309/100 app 17/09/09 CO 05/10/09 Meds 08/10/09 PCC 09/10/09 Xray, 18/12/09 Extra Medical report recieved by CO 14/01/10 Hep B test, 09/02/10 New CO aggh 18/02/10 309, Baby visa needed now for our move in Sept 2011

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You could actually make an application yourself I enquired about 4weeks ago and it was £200. They expect you to show evidence of trying to make contact with the absent parent especially because he is on the birth cert as well.


ping bloody pong !!!:wacko:

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Guest Demi60

Hi Kesia,

 

I got a court order through a Family Law solicitor. The fee then was £175 though it seems the fee has gone up slightly. And it was decided in about 30 mins.

 

Just a word of caution if you have done another search for your ex's whereabouts and he is found he can still object to you taking your child out of the UK even though he has paid no child support and has not been in your child's life, he's objection must be heard in court and that may be a long time going through the court process.

 

I wish you every success. Good Luck.

 

Demi

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