Ontheboatout

The children of my partner are 17 and 5. The whereabouts of their fathers is unknown and the fathers have chosen not to be in contact with their child (for 5 years now).

Does anyone know if there is a piece of paper we need to support this for our PNP, if so who from? Would a sworn oath be sufficient?

Thanks

burton bunch

Hi Ontheboatout

Pretty sure that this has been covered before but for the life of me cannot remember who posted the thread

If you do a search for step children or adopted something on those lines in immigration forum think you are sure to come up with something

Good Luck
Gay

burton bunch

Try this thread - not the one I meant but there is discussion as to how to resolve the matter


http://britishexpats.com/forum/showt...=step+children

chrisi65

Glad you asked this, i too would like that answering.
We are going out on PNP and my ex gave up his kids and wrote to court saying he wasnt going to pursue his custody rights..... I wonder if that letter from court will be enough for us. He too never sees or has contact with his kids.

Ontheboatout

I just don't want it to become an issue. They have given up parental responsibility but how do you prove it if you don't know where they are?

JAJ

Go and see a good family law solicitor in the United Kingdom. Were you married to the father? If so, he can't just give up "parental responsibility" just like that. It may not matter much for your 17 year old but for your 5 year old you really ought to get a court order giving you exclusive custody rights (including the right to remove the child permanently from the United Kingdom).

If on the other hand you were never married, the father may never have had any parental responsibility in the first place.

Ontheboatout

No, not married. He saw the five year old once just after her birth then disappeared.

JAJ

In that case probably never had parental responsibility to begin with as your child seems to have been born before rules changed.

Talk to a family law solicitor to get an exact view.

And be prepared for CIC officials not to understand the law and start demanding court orders anyway. In some cases they may accept a letter from your solicitor explaining United Kingdom law, which under Canada's international obligations they are expected to respect (however a lot don't understand this). It may be a little easier if there are no father details on birth certificate.

jempee

when i had to do this i called the court that dealt with our divorce/child proceedings. They said i would have to serve papers on the ex for him to agree to remove child and give up parental responsiblility(we were married). Explained this is my problem as i dont know where he is!!! they were not a lot of help i can assure you. she kept telling me the same thing and i kept telling her how can i do that when i dont know where he is. SHe then told me to go to a solicitor who would maybe able to help me furthur by writing etc to last know residence, family etc so that this would prove that i had tried and failed to locate him. I could then take that to a judge who would grant me the right to remove daughter from UK. IN the end i wrote to all his family members enclosing a letter for him to sign in front of a notary public. This much to surprise ended with him nearly 3 months later returning the letter signed and sealed by notary public!! To be honest i dont think it would have been an issue as daughter was 17 but was covering myself. Daughter also wrote a letter to go in our application stating her preference to go with us and that she had had no contact with him for years. The short answer is go to solicitor as if you were not married you may be able to get letter from him stating the law that ex never had any parental responsibility etc. Good luck.

killamarsh

All - Get legal advise on this please. I have and am now in the throws of getting it sorted out. My circumstances are unpleasant and I won't go into them and elements of every post on here reflect my situation. I still have to use the legal route though. I asked this question over a year ago and all sorts of advise was given. Best to make sure everything is done correctly than be accused of child abduction - no matter how stupid it is.

Good luck everyone