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Parental Rights Court Order

Parental Rights Court Order

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Old Aug 14th 2006, 9:43 am
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Default Parental Rights Court Order

Hi Guys

Unfortunately, abit of bad news this morning I had set up an appointment for my ex husband who lives away to come and sign a Statutory Declaration to the effect of taking my daughter out of the country to which he didn't turn up (to be honest I didn't expect he would). But I guess you always want to give people the benefit of the doubt.

So, aa a result of this I have been in touch with the County Court who advises me that I can put an application to the effect that I can take my daughter out of the country even though he has parental rights. In my favour I have the fact that my ex husband has never paid any maintenance ever or had contact with seeing her in 8 years.

Is or as there been anybody else in this situation who actually did it themselves and can please advise me as to how it went (its my only option really). There is no point in being dishearted it will come right in the end. Any advice would be gladly received.

Kind regards

Debbie
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Old Aug 14th 2006, 10:12 am
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Default Re: Parental Rights Court Order

Originally Posted by debsnshaun
Hi Guys

Unfortunately, abit of bad news this morning I had set up an appointment for my ex husband who lives away to come and sign a Statutory Declaration to the effect of taking my daughter out of the country to which he didn't turn up (to be honest I didn't expect he would). But I guess you always want to give people the benefit of the doubt.

So, aa a result of this I have been in touch with the County Court who advises me that I can put an application to the effect that I can take my daughter out of the country even though he has parental rights. In my favour I have the fact that my ex husband has never paid any maintenance ever or had contact with seeing her in 8 years.

Is or as there been anybody else in this situation who actually did it themselves and can please advise me as to how it went (its my only option really). There is no point in being dishearted it will come right in the end. Any advice would be gladly received.

Kind regards

Debbie
We had similar experiences when Deb and I wanted to take Amy out of the country, though in the end the guy turned up at the solicitors office to swear an affidavit.
Do a search there are a lot of others who have had similar experiences.
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Old Aug 14th 2006, 10:15 am
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Smile Re: Parental Rights Court Order

Hi there,
cant give any advice really im afraid, as im in the same boat...
we are lodging our case in court tomorrow, for removal of ex's PR, to grant residency/PR to my husband (incase anything ever happens to me) to change the kids surnames and allow their removal from the country, we were told to put all the requests on the same C1 form as if the judge doesnt remove the PR he could still grant the other orders without us having to lodge another case...as it isnt cheap!
weve tried everything to get my ex to sign a stat dec...no joy at all. It definately helps that your ex has had no contact and hasnt supported your daughter, if thats any help.
Good Luck with it all.
Kat xxxx
Originally Posted by debsnshaun
Hi Guys

Unfortunately, abit of bad news this morning I had set up an appointment for my ex husband who lives away to come and sign a Statutory Declaration to the effect of taking my daughter out of the country to which he didn't turn up (to be honest I didn't expect he would). But I guess you always want to give people the benefit of the doubt.

So, aa a result of this I have been in touch with the County Court who advises me that I can put an application to the effect that I can take my daughter out of the country even though he has parental rights. In my favour I have the fact that my ex husband has never paid any maintenance ever or had contact with seeing her in 8 years.

Is or as there been anybody else in this situation who actually did it themselves and can please advise me as to how it went (its my only option really). There is no point in being dishearted it will come right in the end. Any advice would be gladly received.

Kind regards

Debbie
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Old Aug 14th 2006, 11:23 am
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Default Re: Parental Rights Court Order

Hi there

I'm due in court at 10.00 tomorrow. I have two children. One is 13years old and other is 15 years old.

I have not seen their father since March 2002. The last word I had of him, was that he was going to live in Thailand. He has no family here, expect one brother, who I have no idea where he is living.

I spoke to the CSA, who have been trying to trace him since Jan 2003 for maintenance and they have been unsuccessful. The CSA have sent me a letter stating they have been unable to trace him and have also contacted the inland revenue and council area where is last lived to no avile. They also stated in the letter, that he owes in me 32K in maintenance.

I just hope the Judge will understand that the F*** B*** has no intenson of wanting to know his children and will allow me to take them to Australia and give them a better life. So fingers crossed for tomorrow.

I will let you know the outcome tomorrow.

Cheers

Last edited by julie hilton; Aug 14th 2006 at 1:18 pm.
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Old Aug 15th 2006, 5:21 am
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Default Re: Parental Rights Court Order

Originally Posted by debsnshaun
Hi Guys

Unfortunately, abit of bad news this morning I had set up an appointment for my ex husband who lives away to come and sign a Statutory Declaration to the effect of taking my daughter out of the country to which he didn't turn up (to be honest I didn't expect he would). But I guess you always want to give people the benefit of the doubt.

So, aa a result of this I have been in touch with the County Court who advises me that I can put an application to the effect that I can take my daughter out of the country even though he has parental rights. In my favour I have the fact that my ex husband has never paid any maintenance ever or had contact with seeing her in 8 years.

Is or as there been anybody else in this situation who actually did it themselves and can please advise me as to how it went (its my only option really). There is no point in being dishearted it will come right in the end. Any advice would be gladly received.

Kind regards

Debbie
Debbie
I went through this twice unfortunately.
First time when I left UK for Ireland I had a Court Order giving me permission to remove my child from the UK with my ex's consent.
However, when I decided to emigrate to Oz, DIMA decided it was not acceptable as when the initial Order was granted, my ex knew I was heading to Ireland and may have objected if Australia was on the cards.
My ex had no contact for many years but still decided to not sign a stat dec and I had to go to court and get a new one. This took 12 months and GBP10k for me to win but cost my ex nothing thanks to Legal Aid. Another great reason to leave the UK.

Good luck to you all doing what's best for your kids.

Andrew
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