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Stepdaughter - Wife has Sole Custody, still need a Statutory Declaration?

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I'm a little confused with the requirements for a step-daughter. My wife has a court declaration showing Sole Custody, do we still have to obtain a Statutory Declaration?

It's a bit of a hassle if we do, because we don't have any contact with the step-father.

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Guest Bazinga

I'm no expert but I am going to say no as long as he does not have parental responsibility then it is ok. The court declaration should be ok.

 

Just to add, I've really done my research on this (including getting professional legal advice & talking to someone at family court itself), if a father is not on the birth cert & doesn't have parental responsibility then you do not need a stat dec from them as legally as it stands right now this second they have no rights to your child. If they were to go thru a court and to get parental responsibility then that would change and you would need their permission (in most cases) to remove the child from the UK.

Edited by Bazinga

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I have a 12 year old son from a previous relationship. His biological Father is named on his birth certificate but I have never received any maintenance from him and he has not seen my son since he was 2. As he was born before 2004 I have always had sole responsibility of my son, even though his biological father is on his birth certificate. I have changed his surname and obtained a passport without any problem. When I applied for my visa I stated all this in a letter and the c/o didn't ask for anything else. I'm guessing the court declaration will be fine.

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Thanks for the replies, will see how it all goes. Trying to get all the paperwork together.

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Guest thehoe5
I have a 12 year old son from a previous relationship. His biological Father is named on his birth certificate but I have never received any maintenance from him and he has not seen my son since he was 2. As he was born before 2004 I have always had sole responsibility of my son, even though his biological father is on his birth certificate. I have changed his surname and obtained a passport without any problem. When I applied for my visa I stated all this in a letter and the c/o didn't ask for anything else. I'm guessing the court declaration will be fine.

 

Hi mellymop,

 

I have a daughter from a previous relationship and my daughter has always lived with us but had a contact order to see her dad until she was 16....however last Oct while she was still 16 he attacked her and needless to say she has had no contact since!

 

We want to put our application through before July 1st changes but dont know if we can do this without his permission?

 

Could I write a stat dec or could she?

 

Surely after all this he doesnt have any rights and its not like she is still a minor....well sort of its a grey area really as she is over 16 but still 6 months off 18!!!

 

What did you write if you dont mind me asking??? x

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I have a 12 year old son from a previous relationship. His biological Father is named on his birth certificate but I have never received any maintenance from him and he has not seen my son since he was 2. As he was born before 2004 I have always had sole responsibility of my son, even though his biological father is on his birth certificate. I have changed his surname and obtained a passport without any problem. When I applied for my visa I stated all this in a letter and the c/o didn't ask for anything else. I'm guessing the court declaration will be fine.

 

Hi, can I please ask if the letter you submitted was signed in front of a solicitor or anything and at what stage did you supply this information?

 

Thank you in advance :)


Social Worker IELTS 21.04.12 8,9,8,9 - 8.5 , Skills Assessed 8.05.12, WA SS applied 14.05.12 - received 17.05.12, 176 lodged 25th May 2012 - Visa granted 12.07.2012 - Moving to Oz Feb13:biggrin: WOW, all systems go, now flying on the 1st December, landing on the 3rd!!!!!!!!!!!!!!!!!!!!!!!!!

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Hi If you want to send me a personal message with your email address i can send you the template I used. (ive tried to copy it on here but it wont let me, Im not the best computer person!)

 

Tia 2, I sent in the declaration when the visa application was submitted (176 ss wa visa) and was not asked any further questions, no solicitors were used, i just had a friend witness me sign it. Visa was granted a month after application.

 

The Hoe 5 your case is a bit different to mine however if the court order has expired and no further order has been made I would put this in the declaration as well, and also have your daughter write her own statement. at 16 her thoughs will be taken into account.

 

Hope this is of some use

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Guest thehoe5
Hi If you want to send me a personal message with your email address i can send you the template I used. (ive tried to copy it on here but it wont let me, Im not the best computer person!)

 

Tia 2, I sent in the declaration when the visa application was submitted (176 ss wa visa) and was not asked any further questions, no solicitors were used, i just had a friend witness me sign it. Visa was granted a month after application.

 

The Hoe 5 your case is a bit different to mine however if the court order has expired and no further order has been made I would put this in the declaration as well, and also have your daughter write her own statement. at 16 her thoughs will be taken into account.

 

Hope this is of some use

 

Thanks mellymop if you could PM me with that i would really appreciate it:wubclub:

 

Thanks again,

 

Lisa x

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