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custody rights when emigrating from uk

custody rights when emigrating from uk

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Old Jul 28th 2003, 11:03 pm
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Default custody rights when emigrating from uk

I have sole custody of my daughter and what i need to know is can the father stop my immigration rom uk to canada.
what are my legal rights on this matter
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Old Jul 29th 2003, 5:36 pm
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Default Re: custody rights when emigrating from uk

I have friends that were in the same situation. They had to provide a letter of permission from the childs father, which he wouldnt give, so they ended up applying for a court hearing.

As it turns out, the father changed his mind before the court hearing and issued the letter.

Dont know how the court would have handled it..........but there you go!

Good Luck!
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Old Aug 5th 2003, 6:14 am
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its ok we went to a solicitor who has told us that he can´t stop us taking abby to canada, he would have to apply for residency and as he hasn´t ever had proper regular contact a judge would never award it.
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Old Aug 5th 2003, 7:26 pm
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Originally posted by jonno54
its ok we went to a solicitor who has told us that he can´t stop us taking abby to canada, he would have to apply for residency and as he hasn´t ever had proper regular contact a judge would never award it.

I don't know how applicable this is, but when I went on holiday to the UK with my son I was asked for a letter to prove that I had the father's permission to take my son out of the country. I didn't have one, it didn't occur to me to get one. Apparently Canada immigration folks are getting a bit more "hot" about this to counter possible family abductions. There was one extreme case where a woman who took her kids to from the UK to Canada, and their father went to the British courts and claimed she'd abducted them, and she has been deported from Canada.

I've just remembered that there was a discussion about this very topic on the spousal immigration yahoo group http://groups.yahoo.com/group/canadian_immigration/

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