sammy77

Hi,
My daughter's baby is only 4 months old, and yes I think you are right about the law changing. From what I understand the law gives the father (assuming he is on the birth certificate) parental rights. Parental rights gives each parent the right to act on behalf of the child. So for example mother of child may want the enrol child in religious school. Where parents are not living together, she could enrol the child without seeking fathers approval. So what I am wondering is could my daughter take her son out of the country without first seeking the fathers permission?

Does anyone know of a good solicitor who wont rip me off in the Milton Keynes area?

Thanks,
Sammy

sweety

Ah, in that case then... yes, fathers on the birth certificate of babies born after about 2002 automatically get parental responsibility which means they have some very definite rights, including that of choosing not to let the child leave the country for long periods of time.

The easiest (and by far cheapest!!) way is most defiantly to get his permission. often, (i believe) that a statutory declaration signed by him, giving his expressed permission will suffice. If this will not be easy to obtain, you could try the financial aspect - if your daughter is out of the country CSA will not pursue a claim for maintenance against him... also, you could warn him that were you to take it to court, the process could become very expensive.

If, of course, he is a decent father, wishing to have regular contact with his son, and help pay for his upkeep, you have very little chance of winning a court battle.

good luck, and all the best,
Saffy and ant

JAJ

There are a lot of myths about the Hague Convention. It's an area not well understood, even by many less experienced migration agents and case officers.

The bottom line is that if you have the right under the law of the *home* country to take a child permanently out of the country, this is what's required. Court orders or statutory declarations are only required if the other parent has rights under home country law.

There is a particular myth going around that parents rights under Australian law must be considered - untrue - unless there are Australian court orders in place.

What exact documentation is going to be required will depend on the ages of children (especially if aged 16-17), the country in question and the circumstances of the other parent.

Every case is different so don't assume that what applies to someone else will apply to you.

A good migration agent can add a lot of value in ensuring DIMIA implement their own policies properly - sometimes they don't. By the same token you really do need an agent who's up to speed in this area - not all are.

Jeremy

sweety

Thanks again

sweety

Reading back at what you wrote, i think i stand a pretty good chance ..... im gonna be looking out for more advice tho, and if there is someone out there that as been through this, weather it good news or bad i would be very much interested in knowing about it please

Saffy

sweety

someone has private messaged me only i couldnt get to it, who ever it was could you try again or leave a message here and ill contact you,
thank you

kiwichild

This is what concerns me Jeremy and that is why I suggested she seek legal advice. The fathers could maybe have some legal standing in the eyes of the British judicial system. So I think to be on safe ground she needs to look into this further.

sweety

before actually sending off our application??

sweety

hello? anyone??

madsad

Sweety have sent you a PM as we have already been through this.

The Madsads

JAJ

Custody issues do not need to be proved as of time of application - time of decision is the critical time.

However - it's well worth being sure you qualify in other respects beforehand as there's no point in getting all worked up over custody if you don't have the points, or can't get a skill assessment, for example.

Please don't messages saying something like 'anyone?' within an hour or two of posting the question - this is a free forum and people respond at their convenience.

If you need professional assistance - get an agent and solicitor on your case.

Jeremy

sweety

Please don't messages saying something like 'anyone?' within an hour or two of posting the question - this is a free forum and people respond at their convenience.

If you need professional assistance - get an agent and solicitor on your case.

Jeremy[/QUOTE]


well!!.....that told me didnt it? !!!