Children and ex

Old Mar 13th 2006, 1:55 pm
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Default Children and ex

Two of my children are by my ex.
Not a nice man my hubby has brought them up since youngest was a baby and eldelst 3.
He hasn't seen them since and has no contact with them, they have his name on the birth certificate but use hubbys name but not officially.
Will I need to get his permission to take them to Aus, I know he won't agree,then what happens will we not be allowed to go?
He pays maintainence but only because it is directly taken out of his wages not voluntry.
Making me feel sick and I havn't even started the visa process yet.

Last edited by LOTTIE26; Mar 13th 2006 at 2:44 pm.
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Old Mar 13th 2006, 2:40 pm
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Default Re: Children and ex

Originally Posted by LOTTIE26
Two of my children are by my ex.
Not a nice man my hubby has brought them up since youngest was a baby and eldelst 3.
He hasn't seen them since and has no contact with them, they have his name on the birth certificate but use hubbys name but not officially.
Will I need to get his permission to take them to Aus, I know he won't agree.
He pays maintainence but only because it is directly taken out of his wages not voluntry.
Making me feel sick and I havn't even started the visa process yet.

Hi Lottie

I'm not in the same situation as you but I know that there are quite a few on here who have been through the same. I believe the bottom line is that you will have to get permission. I'm sure somebody will be along soon to give you more info.

Take care and good luck

Rach xxxx
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Old Mar 13th 2006, 2:55 pm
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Default Re: Children and ex

Originally Posted by LOTTIE26
Two of my children are by my ex.
Not a nice man my hubby has brought them up since youngest was a baby and eldelst 3.
He hasn't seen them since and has no contact with them, they have his name on the birth certificate but use hubbys name but not officially.
Will I need to get his permission to take them to Aus, I know he won't agree,then what happens will we not be allowed to go?
He pays maintainence but only because it is directly taken out of his wages not voluntry.
Making me feel sick and I havn't even started the visa process yet.

You will definately have to have his permission to take them from the country. I am afraid there is no way round it. If he won't give you written consent then you will have to take it to court.

Sorry I can't give you better news

Good Luck x
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Old Mar 13th 2006, 3:24 pm
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Default Re: Children and ex

Originally Posted by WendyC
You will definately have to have his permission to take them from the country. I am afraid there is no way round it. If he won't give you written consent then you will have to take it to court.

Sorry I can't give you better news

Good Luck x


I don't know about details but would your new man be able to adopt them as his own, or would your ex have to be out of the pic for that?

Just trying to think out of the box a bit.

x
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Old Mar 13th 2006, 4:02 pm
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Default Re: Children and ex

Originally Posted by iPom
I don't know about details but would your new man be able to adopt them as his own, or would your ex have to be out of the pic for that?

Just trying to think out of the box a bit.

x
I think she would still need his consent for that. The best thing to do would be to get legal advise I think.
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Old Mar 13th 2006, 4:09 pm
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Default Re: Children and ex

Originally Posted by iPom
I don't know about details but would your new man be able to adopt them as his own, or would your ex have to be out of the pic for that?

Just trying to think out of the box a bit.

x
My ex is out of the picture has not had any contact with them for nearly fours years.
We could go down the adoption route but I am trying to think of the expense but its a good option thanks.
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Old Mar 13th 2006, 4:12 pm
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Default Re: Children and ex

Originally Posted by WendyC
I think she would still need his consent for that. The best thing to do would be to get legal advise I think.
Do you think I should start this now?
I don't want him to know until I have to or do you think I should just wait until we have started the visa process I will start this in about September when we have the money set aside for the visas
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Old Mar 13th 2006, 4:17 pm
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Default Re: Children and ex

Originally Posted by LOTTIE26
Do you think I should start this now?
I don't want him to know until I have to or do you think I should just wait until we have started the visa process I will start this in about September when we have the money set aside for the visas
He doesn't have to know that you have sought advice, if I was in the same situation I would do that now, just to be absolutely sure where I stand. The visa process is a long and daunting road and I personally wouldn't head down it knowing it might all be futile.

Good luck with it
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Old Mar 13th 2006, 4:25 pm
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Default Re: Children and ex

Originally Posted by suzimc
He doesn't have to know that you have sought advice, if I was in the same situation I would do that now, just to be absolutely sure where I stand. The visa process is a long and daunting road and I personally wouldn't head down it knowing it might all be futile.

Good luck with it
I agree, you also have to consider that in the event he says no then having to go through court is going to be a very costly experience.

It can't hurt to get legal advice, he doesn't have to know anything about, but at least you will be prepared if/when you talk to him about it.

I really hope you find a way round it.
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Old Mar 13th 2006, 4:31 pm
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Default Re: Children and ex

Originally Posted by WendyC
I agree, you also have to consider that in the event he says no then having to go through court is going to be a very costly experience.

It can't hurt to get legal advice, he doesn't have to know anything about, but at least you will be prepared if/when you talk to him about it.

I really hope you find a way round it.
Find a family solicitor who will give you a free consultation. Your Citizen's Advice Bureau would be able to help you with that and advise you about Legal Aid and whether you can claim for it.

I would certainly look into adoption... If the guy hasn't had any interest in the past 4 years it's highly likely he wouldn't be bothered about not being a father legally. I would adopt and then emigrate.... be sure first what your options are and then get into the visa side of things.
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Old Mar 13th 2006, 4:56 pm
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Default Re: Children and ex

[QUOTE=WendyC]I agree, you also have to consider that in the event he says no then having to go through court is going to be a very costly experience.

mmmm, tell me bout it

you will definately need his signature or a court order granting permission to remove the children from juristiction. pm me if you need any advice
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Old Mar 13th 2006, 5:51 pm
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Default Re: Children and ex

Originally Posted by LOTTIE26
Two of my children are by my ex.
Not a nice man my hubby has brought them up since youngest was a baby and eldelst 3.
He hasn't seen them since and has no contact with them, they have his name on the birth certificate but use hubbys name but not officially.
Will I need to get his permission to take them to Aus, I know he won't agree,then what happens will we not be allowed to go?
He pays maintainence but only because it is directly taken out of his wages not voluntry.
Making me feel sick and I havn't even started the visa process yet.
You could try bribery & offer him to pay lower maintenance - that might swing his permission signature! Get good advice from a Family Law expert.

All the best

Mrs Leezo
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Old Mar 13th 2006, 6:13 pm
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Default Re: Children and ex

Originally Posted by leezo
You could try bribery & offer him to pay lower maintenance - that might swing his permission signature! Get good advice from a Family Law expert.

All the best

Mrs Leezo
Think i'll try this one if he won't sign he wouldn't pay the csa the mainteinance so in the end they had to take it direct out of his wages before he got them so I think he would be swayed by this but I would have to drop all the mainteinance
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Old Mar 13th 2006, 6:26 pm
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Default Re: Children and ex

Originally Posted by LOTTIE26
Two of my children are by my ex.
Not a nice man my hubby has brought them up since youngest was a baby and eldelst 3.
He hasn't seen them since and has no contact with them, they have his name on the birth certificate but use hubbys name but not officially.
Will I need to get his permission to take them to Aus, I know he won't agree,then what happens will we not be allowed to go?
He pays maintainence but only because it is directly taken out of his wages not voluntry.
Making me feel sick and I havn't even started the visa process yet.
Hello Lottie my son was 18 month's old when i got married for the second time my hubby was in the army and we knew we would have problems when we were posted abroad as my ex was so reluctant to pay maintenance we said if he were to let my new husband adopt our son he wouldn't have to pay any more and he agreed that was 30 years ago and we never heard from him again thank god, good luck I hope everything turns out okay for you and your family.
Janet
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Old Mar 13th 2006, 6:32 pm
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Default Re: Children and ex

Originally Posted by LOTTIE26
Two of my children are by my ex.
Not a nice man my hubby has brought them up since youngest was a baby and eldelst 3.
He hasn't seen them since and has no contact with them, they have his name on the birth certificate but use hubbys name but not officially.
Will I need to get his permission to take them to Aus, I know he won't agree,then what happens will we not be allowed to go?
He pays maintainence but only because it is directly taken out of his wages not voluntry.
Making me feel sick and I havn't even started the visa process yet.

Go for adoption or get a court to give parental responsibility to your hubby, as no contact from ex. Wouldn't;t worry overly much as he has to prove it'd not be in children's best interest to go with you, at worst you'd end up in court but by the sounds of it I'd doubt he'd want to fight you as he'd end up not having to pay maintenance anymore
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