DandNHill

When my ex remarried, he gained a step-daughter...She is currently 14 so must have been about 11 at the time. Her biological father I believe had vanished from the face of the earth...but was not dead!

My ex managed to adopt her a couple of years ago without her natural father's permission as he was nowhere to be found... I don't know how long it took or how they did it, he didn't share with me, but it shows it's possible to change these things without the biological father's permission...

The irony of it all though is that he and his wife have split up now which makes everything a bit messy as the child is now legally his too!!!

Almost Canadian

You have me totally baffled now!

If there is no Order, why did you attend Court and what paperwork resulted from that attendance?

If there is no Order granting you full decision making authority for the child, you will need either a Statutory Declaration from your ex permitting you to remove the child from the jurisdiction (I have provided you with a precedent below) or you will need to make an Application to the Court for an Order permitting you to remove the child from the jurisdiction.

Best of luck.

Jaamber

The court case was for the divorce itself.

Jaamber

Thanks for the statutory declaration. I'm pretty sure I will be unable to get hold of him. I have a feeling he lives abroad now as there is no trace of him using his national insurance number. His parents and best friend deny all knowledge of his whereabouts. So I am pretty stuck.

Almost Canadian

I appreciate that, I am just amazed that your lawyer, or the Judge, didn't think to make, or request, an Order dealing with residence and contact for the child.

Almost Canadian

Not really, you just need to make an Application. I can't imagine a Judge not giving you the permission you seek.

Jaamber

I wish I had thought of that myself! My solicitor was well aware of the circumstances too. I am kicking myself now that it wasn't all done and dusted when I got divorced.

Jaamber

Thanks for your help. X

Blossom23

What I attempted to say in my response to your post was that in my opinion I didn't think you were correct when you said ...

If you were awarded "full custody" in an Order, you already have all you need;

As your later posts indicate ... she may still need to make an application to the court to remove the child from the UK. And that is what I thought I said in my post ... I agree that there is a lot of confusion surrounding the term 'Full Custody' ... and I never made comment about that because as you quite rightly pointed out ... we do not know the contents of any order she may or may not have.

However all I attempted to provided was the value of my experience as it was then ... When I stated that I was awarded 'full (sole) custody', I know I was ... as the implications of such an order were discussed with the Judge and myself in her chambers prior to the divorce hearing.....yet I still applied to the court for permission to remove the children from the UK permanently. I still have the the original consent document issued by Bristol County Court...

I meant no disrespect to you ... as I said quite clearly in my post, this was only MY OWN experience and I actively encouraged seeking legal advise to be sure based on her own situation...

mandymoochops

You do realise that AC is a family lawyer right?

Blossom23

Yeah .... Thanks Mandy MC ... I'd sort of already figured that much out when I saw his response to me and why I decided to responded to him again.

And frankly whether he's a family lawyer or not, I really don't care ... What I posted about my own experience is just that and is an honest and factual account of what happen to me ... I think it's more than a bit pompous of him to tell me that we shouldn't be jumping to conclusions without knowing all the facts when that appears to be exactly what he did to me.... and if he still thinks that I'm mistaken about my own experience, I have all my documentation. <snipped> ...

So once again ... thanks Mandy MC... you were being very thoughtful...

Merry

I am by no means an expert on English law but I do know that in Nova Scotia it is almost impossible to get what you are seeking without evidence you have tried all the various social media options - Facebook, Twitter,etc.

You probably have tried these. It's tough, no doubt. I have a friend whose ex took almost no interest in the child for many years until the topic of Canada arose- funny how that spurs some to action.

Then again don't assume once you get to Canada you are home and dry - from my work (also family law) I know that some parents interest in their children only surfaces once the child has gone. It's also easier today for distant parents or extended family to put the pressure on a child via Skype, etc.

Sorry to be the bearer of doom tonight but best to be aware.

Aviator

The 1989 Children act got rid of custody did it not. The court only making
Residence Order, Contact Order, Specific issue Order or Prohibition Order when asked to do so?

My OH had to get three of these, then get permission to remove from the jurisdiction. She was told if she did not know the whereabouts of the father she had to place an ad in the legal section of the paper in the area he was last known to live.

Not sure if this is relevant or adds to the confusion
http://www.thomasmore.co.uk/ImageLib...Relocation.pdf

Supermum1

I wouldn't fret if I were you.

Just take all the evidence you do have to Supreme court, you can see a duty councel for free 'drop in' (lawyers) another good thing about Canada. I did this and they even printed off the paperwork filling it out with me there on computer to save me filling it out so all I had to do was file it, I got sole custody and 'sole guardianship' the equivelent of parental rights, so ex had no say what so ever on son of mine due to his lack of responsibility. The court was not impressed where he was concerned. This was back in 2009.

The courts will always look to the best interests of the child, the fact your new man has been more of a Father to him than his real Father will go in yours and your sons favour, hence why I would not fret on this at all.

I didn't marry my ex either (thank goodness), he failed to step up to his responsibilities so he lost that right I should think. Canada is not the UK and I find here more supportive in that way to be honest where courts are concerned. I had my ex served, he ignored it, 6 months later I got granted sole custody and sole guardianship, it was sent to the UK when I had him served, I stood in front of the judge (just he and I and the court person acting on the judges instruction), it was all good. If you have sole custody you have the ultimate decisions with regard to your child anyway.

Siouxie

Sole custody doesn't give you the right to remove the child from the UK though, that is the problem, and CIC require evidence that you have consent.

The OP was married, she lives in the UK and will need to get consent either from the child's father or else from the court to bring the child to Canada. She has no option, unfortunately.