Children with different surname
Oct 14th 2003, 2:14 am
#1
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Thread Starter
Joined: Oct 2003
Location: kidderminster
Posts: 51
Children with different surname
I'm hoping that someone out there has been through the situation that my family is now facing.
We have just had our application submitted with DIMIA through an australian solicitor who has been handling our affairs for us and taking all the hassle out of the process, or so I thought !
Myself and my partner have a child between us and a daughter from a previous relationship, who has a different surname, hence the problem.
The previous partner cannot be traced and we have been asked that evidence will be required that Jenny has sole custody although when we spoke to a uk solicitor we were told that such evidence will not be possible as because Jenny was never previously married so therefore automatically has such rights.
Has anyone been through a similar situation ???
David & Jenny
We have just had our application submitted with DIMIA through an australian solicitor who has been handling our affairs for us and taking all the hassle out of the process, or so I thought !
Myself and my partner have a child between us and a daughter from a previous relationship, who has a different surname, hence the problem.
The previous partner cannot be traced and we have been asked that evidence will be required that Jenny has sole custody although when we spoke to a uk solicitor we were told that such evidence will not be possible as because Jenny was never previously married so therefore automatically has such rights.
Has anyone been through a similar situation ???
David & Jenny
Oct 14th 2003, 2:39 am
#2
BE Enthusiast
Joined: Apr 2003
Posts: 551
My understanding as detailed in previous posts if that where the couple involved were unmarried and one parent has had nothing to do with the child then that person has no parental responsibilities. A statutory declaration to that effect sworn before your solicitor/notary public to that effect should be sufficient.
There was quite a long post on the subject of whether a stat declaration would be sufficient etc etc and there were various different opinions on that subject - but I felt having read the wording in Booklet 6 (which details what the requirements are)and having spoken to a friend who is a family lawyer that in circumstances as stated above, a statutory declaration from the parent who has responsibility for the child stating their circumstances is sufficient.
Im sure others may have their opinions but that is mine. You should may be speak to your solicitor here in the UK and ask them to do such a declaration for your wife/partner.
All the best
There was quite a long post on the subject of whether a stat declaration would be sufficient etc etc and there were various different opinions on that subject - but I felt having read the wording in Booklet 6 (which details what the requirements are)and having spoken to a friend who is a family lawyer that in circumstances as stated above, a statutory declaration from the parent who has responsibility for the child stating their circumstances is sufficient.
Im sure others may have their opinions but that is mine. You should may be speak to your solicitor here in the UK and ask them to do such a declaration for your wife/partner.
All the best
Oct 14th 2003, 2:47 am
#3
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Thread Starter
Joined: Oct 2003
Location: kidderminster
Posts: 51
Originally posted by rizalan
My understanding as detailed in previous posts if that where the couple involved were unmarried and one parent has had nothing to do with the child then that person has no parental responsibilities. A statutory declaration to that effect sworn before your solicitor/notary public to that effect should be sufficient.
There was quite a long post on the subject of whether a stat declaration would be sufficient etc etc and there were various different opinions on that subject - but I felt having read the wording in Booklet 6 (which details what the requirements are)and having spoken to a friend who is a family lawyer that in circumstances as stated above, a statutory declaration from the parent who has responsibility for the child stating their circumstances is sufficient.
Im sure others may have their opinions but that is mine. You should may be speak to your solicitor here in the UK and ask them to do such a declaration for your wife/partner.
All the best
My understanding as detailed in previous posts if that where the couple involved were unmarried and one parent has had nothing to do with the child then that person has no parental responsibilities. A statutory declaration to that effect sworn before your solicitor/notary public to that effect should be sufficient.
There was quite a long post on the subject of whether a stat declaration would be sufficient etc etc and there were various different opinions on that subject - but I felt having read the wording in Booklet 6 (which details what the requirements are)and having spoken to a friend who is a family lawyer that in circumstances as stated above, a statutory declaration from the parent who has responsibility for the child stating their circumstances is sufficient.
Im sure others may have their opinions but that is mine. You should may be speak to your solicitor here in the UK and ask them to do such a declaration for your wife/partner.
All the best
Thanks for your response Rizalan
What you have said basically is along the same lines as the uk solicitor, its just that the australian solicitor I think is confusing matters
thanks
David
Oct 14th 2003, 2:56 am
#4
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Joined: Apr 2003
Posts: 551
hi guys
no probs - please see below what I originally posted on the Aus immig forum for sake of a bit more clarity!!
""If you were never married and the bio father never claimed through a court for parental rights and responsibilities, then you do not need to provide DIMIA with a court order or a stat dec from the bio father.
Form 47 states "..if there is any other person who has the LEGAL RIGHT to determine where the child can live...you need to provide a Statutory Declaration..or a certified copy of a valid Court Order.."
Please note "Legal Right". If as your solicitor has confirmed and you know that the bio father himself has never applied for parental rights etc - then the proviso to provide a Court order or Stat Declaration from him does not apply to your situation. However in order to satisfy DIMIA you must provide a statutory declaration from yourself as mother stating something along the lines of
"In the terms of the [insert legislation here] (in Scotland it is Children (Scotland) Act 1995 in England something similar but without the Scotland in the title - check with your solicitor)..the biological father has no parental rights and responsibilities and therefore does not require to consent to the child being removed from the UK"
providing that above is common sense in the sense that how are DIMIA to know that the bio father has no rights - therefore statutory declaration should be sufficient signed before a solicitor""
Hope the above clarifies it a bit further for you.
Regards
no probs - please see below what I originally posted on the Aus immig forum for sake of a bit more clarity!!
""If you were never married and the bio father never claimed through a court for parental rights and responsibilities, then you do not need to provide DIMIA with a court order or a stat dec from the bio father.
Form 47 states "..if there is any other person who has the LEGAL RIGHT to determine where the child can live...you need to provide a Statutory Declaration..or a certified copy of a valid Court Order.."
Please note "Legal Right". If as your solicitor has confirmed and you know that the bio father himself has never applied for parental rights etc - then the proviso to provide a Court order or Stat Declaration from him does not apply to your situation. However in order to satisfy DIMIA you must provide a statutory declaration from yourself as mother stating something along the lines of
"In the terms of the [insert legislation here] (in Scotland it is Children (Scotland) Act 1995 in England something similar but without the Scotland in the title - check with your solicitor)..the biological father has no parental rights and responsibilities and therefore does not require to consent to the child being removed from the UK"
providing that above is common sense in the sense that how are DIMIA to know that the bio father has no rights - therefore statutory declaration should be sufficient signed before a solicitor""
Hope the above clarifies it a bit further for you.
Regards
Oct 14th 2003, 3:23 am
#5
Forum Regular
Thread Starter
Joined: Oct 2003
Location: kidderminster
Posts: 51
Originally posted by rizalan
hi guys
no probs - please see below what I originally posted on the Aus immig forum for sake of a bit more clarity!!
""If you were never married and the bio father never claimed through a court for parental rights and responsibilities, then you do not need to provide DIMIA with a court order or a stat dec from the bio father.
Form 47 states "..if there is any other person who has the LEGAL RIGHT to determine where the child can live...you need to provide a Statutory Declaration..or a certified copy of a valid Court Order.."
Please note "Legal Right". If as your solicitor has confirmed and you know that the bio father himself has never applied for parental rights etc - then the proviso to provide a Court order or Stat Declaration from him does not apply to your situation. However in order to satisfy DIMIA you must provide a statutory declaration from yourself as mother stating something along the lines of
"In the terms of the [insert legislation here] (in Scotland it is Children (Scotland) Act 1995 in England something similar but without the Scotland in the title - check with your solicitor)..the biological father has no parental rights and responsibilities and therefore does not require to consent to the child being removed from the UK"
providing that above is common sense in the sense that how are DIMIA to know that the bio father has no rights - therefore statutory declaration should be sufficient signed before a solicitor""
Hope the above clarifies it a bit further for you.
Regards
hi guys
no probs - please see below what I originally posted on the Aus immig forum for sake of a bit more clarity!!
""If you were never married and the bio father never claimed through a court for parental rights and responsibilities, then you do not need to provide DIMIA with a court order or a stat dec from the bio father.
Form 47 states "..if there is any other person who has the LEGAL RIGHT to determine where the child can live...you need to provide a Statutory Declaration..or a certified copy of a valid Court Order.."
Please note "Legal Right". If as your solicitor has confirmed and you know that the bio father himself has never applied for parental rights etc - then the proviso to provide a Court order or Stat Declaration from him does not apply to your situation. However in order to satisfy DIMIA you must provide a statutory declaration from yourself as mother stating something along the lines of
"In the terms of the [insert legislation here] (in Scotland it is Children (Scotland) Act 1995 in England something similar but without the Scotland in the title - check with your solicitor)..the biological father has no parental rights and responsibilities and therefore does not require to consent to the child being removed from the UK"
providing that above is common sense in the sense that how are DIMIA to know that the bio father has no rights - therefore statutory declaration should be sufficient signed before a solicitor""
Hope the above clarifies it a bit further for you.
Regards
David & Jenny
Oct 14th 2003, 5:10 am
#6
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Joined: Aug 2003
Location: Cheshire
Posts: 309
Re: Children with different surname
Hi
I have 3 children, the first of which came from a previous relationship and kept his fathers surname. When I married my husband i decided to change his name by deed poll, it only cost me about £50, but it's great because we all have the same name. My husband would like to adopt my son and when I got his name changed I enquired about this. Apparently, I would either have to get permission from his real father or if he could not be traced, my husband would be able to adopt him. Unfortunately for me, I do know where he lives, but i just thought I'd mention it as you say you do not of the fathers whereabouts. Once you adopt, you have legal rights as a parent.
Hope this helps. Noodle.
I have 3 children, the first of which came from a previous relationship and kept his fathers surname. When I married my husband i decided to change his name by deed poll, it only cost me about £50, but it's great because we all have the same name. My husband would like to adopt my son and when I got his name changed I enquired about this. Apparently, I would either have to get permission from his real father or if he could not be traced, my husband would be able to adopt him. Unfortunately for me, I do know where he lives, but i just thought I'd mention it as you say you do not of the fathers whereabouts. Once you adopt, you have legal rights as a parent.
Hope this helps. Noodle.
Oct 14th 2003, 5:21 am
#7
Rushwood, Thornlands, QLD
Joined: Feb 2003
Location: Thornlands,Bayside, Qld
Posts: 1,864
Re: Children with different surname
Originally posted by readytogo
I'm hoping that someone out there has been through the situation that my family is now facing.
We have just had our application submitted with DIMIA through an australian solicitor who has been handling our affairs for us and taking all the hassle out of the process, or so I thought !
Myself and my partner have a child between us and a daughter from a previous relationship, who has a different surname, hence the problem.
The previous partner cannot be traced and we have been asked that evidence will be required that Jenny has sole custody although when we spoke to a uk solicitor we were told that such evidence will not be possible as because Jenny was never previously married so therefore automatically has such rights.
Has anyone been through a similar situation ???
David & Jenny
I'm hoping that someone out there has been through the situation that my family is now facing.
We have just had our application submitted with DIMIA through an australian solicitor who has been handling our affairs for us and taking all the hassle out of the process, or so I thought !
Myself and my partner have a child between us and a daughter from a previous relationship, who has a different surname, hence the problem.
The previous partner cannot be traced and we have been asked that evidence will be required that Jenny has sole custody although when we spoke to a uk solicitor we were told that such evidence will not be possible as because Jenny was never previously married so therefore automatically has such rights.
Has anyone been through a similar situation ???
David & Jenny
Hiya...........
I have sent u a private message earlier
Love Lisa
xxxxx
Oct 14th 2003, 5:32 am
#8
Forum Regular
Thread Starter
Joined: Oct 2003
Location: kidderminster
Posts: 51
Re: Children with different surname
Originally posted by Boomerang
Hiya...........
I have sent u a private message earlier
Love Lisa
xxxxx
Hiya...........
I have sent u a private message earlier
Love Lisa
xxxxx
Lisa
Thanks, didn't realise, I have sent one back
Cheers
Oct 14th 2003, 5:35 am
#9
Rushwood, Thornlands, QLD
Joined: Feb 2003
Location: Thornlands,Bayside, Qld
Posts: 1,864
Re: Children with different surname
Originally posted by noodle
Hi
I have 3 children, the first of which came from a previous relationship and kept his fathers surname. When I married my husband i decided to change his name by deed poll, it only cost me about £50, but it's great because we all have the same name. My husband would like to adopt my son and when I got his name changed I enquired about this. Apparently, I would either have to get permission from his real father or if he could not be traced, my husband would be able to adopt him. Unfortunately for me, I do know where he lives, but i just thought I'd mention it as you say you do not of the fathers whereabouts. Once you adopt, you have legal rights as a parent.
Hope this helps. Noodle.
Hi
I have 3 children, the first of which came from a previous relationship and kept his fathers surname. When I married my husband i decided to change his name by deed poll, it only cost me about £50, but it's great because we all have the same name. My husband would like to adopt my son and when I got his name changed I enquired about this. Apparently, I would either have to get permission from his real father or if he could not be traced, my husband would be able to adopt him. Unfortunately for me, I do know where he lives, but i just thought I'd mention it as you say you do not of the fathers whereabouts. Once you adopt, you have legal rights as a parent.
Hope this helps. Noodle.
Hiya noodle........ i have written a pm to te poster about the same thing funny enough....
my three older kids were from my first marrage........ the youngest only been 8 months old when i first began courting Andy...(she is 12 now). It's nearly 8 yrs since they have seen their nat father..... 3 years ago andy adopted them........ we did not know nat fathers where abouts and went to see a solicitor re adoption.... we were all interviewed by a social work and also police checks were done to see if we were suitable parents. The social worker did try to find the ex....... she spoke to his mother......who said that her son was somewhere in london..... the reason she knew was because he was picked up on some drugs charge........ to cut the chase...... the adoption was awarded on the grounds that andrew could provide a far more stable family unit for three girls than what the ex could possible hope to do...... He had never been there for the girls financially or otherwise......... The CSA did there best but he kept moving addy every time they traced him.......25 grand was his debt..... when i married andy they quashed it!!!!!!!!
love lisa
xxxxx
Oct 14th 2003, 11:45 pm
#10
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Joined: Aug 2003
Location: Cheshire
Posts: 309
Re: Children with different surname
Originally posted by Boomerang
Hiya noodle........ i have written a pm to te poster about the same thing funny enough....
my three older kids were from my first marrage........ the youngest only been 8 months old when i first began courting Andy...(she is 12 now). It's nearly 8 yrs since they have seen their nat father..... 3 years ago andy adopted them........ we did not know nat fathers where abouts and went to see a solicitor re adoption.... we were all interviewed by a social work and also police checks were done to see if we were suitable parents. The social worker did try to find the ex....... she spoke to his mother......who said that her son was somewhere in london..... the reason she knew was because he was picked up on some drugs charge........ to cut the chase...... the adoption was awarded on the grounds that andrew could provide a far more stable family unit for three girls than what the ex could possible hope to do...... He had never been there for the girls financially or otherwise......... The CSA did there best but he kept moving addy every time they traced him.......25 grand was his debt..... when i married andy they quashed it!!!!!!!!
love lisa
xxxxx
Hiya noodle........ i have written a pm to te poster about the same thing funny enough....
my three older kids were from my first marrage........ the youngest only been 8 months old when i first began courting Andy...(she is 12 now). It's nearly 8 yrs since they have seen their nat father..... 3 years ago andy adopted them........ we did not know nat fathers where abouts and went to see a solicitor re adoption.... we were all interviewed by a social work and also police checks were done to see if we were suitable parents. The social worker did try to find the ex....... she spoke to his mother......who said that her son was somewhere in london..... the reason she knew was because he was picked up on some drugs charge........ to cut the chase...... the adoption was awarded on the grounds that andrew could provide a far more stable family unit for three girls than what the ex could possible hope to do...... He had never been there for the girls financially or otherwise......... The CSA did there best but he kept moving addy every time they traced him.......25 grand was his debt..... when i married andy they quashed it!!!!!!!!
love lisa
xxxxx
Hiya Lisa
I'm glad it all worked out for you in the end. At least we don't have the bother of them in our childrens lives. I could never understand why he couldn't make the effort to see my son, but I'm glad now that he's out of our lives, it's such a shame when kids get stuck between 2 parents. Thank God, our's aren't.
Love Noodle
Oct 15th 2003, 12:01 am
#11
Rushwood, Thornlands, QLD
Joined: Feb 2003
Location: Thornlands,Bayside, Qld
Posts: 1,864
Thanx noodle
its true what u say......... so often children end up in a pawn situation......... Im so glad I met andy......... I could not have found a nicer guy....... he has made our life complete....... and has bought stability into all our lives till now - as we begin our journey into the unknown!!!!!!
Pity I did not form a relationship with him earlier....... believe it or not........ hes the boy next door but one!!!!!!!! lol
love lisa
xxxxx
Pity I did not form a relationship with him earlier....... believe it or not........ hes the boy next door but one!!!!!!!! lol
love lisa
xxxxx
