how do you prove sole parent responsibility?
Jun 6th 2006, 10:34 pm
#1
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how do you prove sole parent responsibility?
how does this work - what can someone get to prove they have sole rights...
couples wasnt married but father is on birthcert - father left very soon after birth - no contact for 3 years. mother now with new person, - new person wants to come to canada - they are on about getting married but how they make sure the kid comes with them without issues?
thanks
(btw: edmonton is lovely and the WP was a doddle)
couples wasnt married but father is on birthcert - father left very soon after birth - no contact for 3 years. mother now with new person, - new person wants to come to canada - they are on about getting married but how they make sure the kid comes with them without issues?
thanks
(btw: edmonton is lovely and the WP was a doddle)
Jun 6th 2006, 10:39 pm
#2
Joined: May 2004
Posts: 8,984
Re: how do you prove sole parent responsibility?
Only 2 options:
1. Find the father and get notarized consent to take child permanently out of the jurisdiction; or
2. Go to court and get court order giving you not only sole custody but also stripping biological father of his parental rights.
You pick what will be easier and faster for you.
1. Find the father and get notarized consent to take child permanently out of the jurisdiction; or
2. Go to court and get court order giving you not only sole custody but also stripping biological father of his parental rights.
You pick what will be easier and faster for you.
Originally Posted by stubby1974
how does this work - what can someone get to prove they have sole rights...
couples wasnt married but father is on birthcert - father left very soon after birth - no contact for 3 years. mother now with new person, - new person wants to come to canada - they are on about getting married but how they make sure the kid comes with them without issues?
thanks
(btw: edmonton is lovely and the WP was a doddle)
couples wasnt married but father is on birthcert - father left very soon after birth - no contact for 3 years. mother now with new person, - new person wants to come to canada - they are on about getting married but how they make sure the kid comes with them without issues?
thanks
(btw: edmonton is lovely and the WP was a doddle)
Jun 6th 2006, 10:44 pm
#3
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Re: how do you prove sole parent responsibility?
andrew - thank you 
Jun 6th 2006, 11:49 pm
#4
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Re: how do you prove sole parent responsibility?
Originally Posted by Andrew Miller
Only 2 options:
1. Find the father and get notarized consent to take child permanently out of the jurisdiction; or
2. Go to court and get court order giving you not only sole custody but also stripping biological father of his parental rights.
1. Find the father and get notarized consent to take child permanently out of the jurisdiction; or
2. Go to court and get court order giving you not only sole custody but also stripping biological father of his parental rights.
Unless child was born quite recently, the unmarried father (under United Kingdom law) has no "parental rights" to begin with.
Jun 6th 2006, 11:53 pm
#5
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Re: how do you prove sole parent responsibility?
Originally Posted by JAJ
Unless child was born quite recently, the unmarried father (under United Kingdom law) has no "parental rights" to begin with.
thats where we are having the problem
Jun 7th 2006, 1:46 am
#6
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Re: how do you prove sole parent responsibility?
Originally Posted by stubby1974
yeah - he doesnt have any aprental responsibility as thats only since dec 03 BUT the visa people want proof of this or the fact my friend has sole custody...
thats where we are having the problem
thats where we are having the problem
Have you got a reputable family law solicitor to write to them and explain exactly why a court order should not be needed?
Jun 7th 2006, 2:41 am
#7
Joined: May 2004
Posts: 8,984
Re: how do you prove sole parent responsibility?
It is not about UK law - it is all about Canadian law and all international treaties to prevent parental abduction of children.
Originally Posted by JAJ
Assuming you are applying to CIC London, they ought to know what UK law on child custody says! Whether they do or not is another question.
Have you got a reputable family law solicitor to write to them and explain exactly why a court order should not be needed?
Have you got a reputable family law solicitor to write to them and explain exactly why a court order should not be needed?
Jun 7th 2006, 2:45 am
#8
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Re: how do you prove sole parent responsibility?
Originally Posted by Andrew Miller
It is not about UK law - it is all about Canadian law and all international treaties to prevent parental abduction of children.
Which Canadian immigration law insists that parental consent is required even if no parental rights exist under other country law?
It can't be anything to do with the Hague Convention as that's based on the principle that the law in the child's country of residence is paramount.
Jun 7th 2006, 4:01 am
#9
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Re: how do you prove sole parent responsibility?
Canada automatically recognizes parental rights of biological parents unless court says otherwise.
Canada is also signatory of Hague Convention on the Civil Aspects of International Child Abduction, adopted and respects UN Convention on Child Rights. So is and does UK as far as I know.
It is not the job of processing officer to evaluate other country's laws - it is the obligation of applicant to provide conclusive evidence that child may be removed from home country and that the other parent has no objection (notarized consent) or has no parental rights (court decision).
Canada is also signatory of Hague Convention on the Civil Aspects of International Child Abduction, adopted and respects UN Convention on Child Rights. So is and does UK as far as I know.
It is not the job of processing officer to evaluate other country's laws - it is the obligation of applicant to provide conclusive evidence that child may be removed from home country and that the other parent has no objection (notarized consent) or has no parental rights (court decision).
Originally Posted by JAJ
Which Canadian immigration law insists that parental consent is required even if no parental rights exist under other country law?
It can't be anything to do with the Hague Convention as that's based on the principle that the law in the child's country of residence is paramount.
It can't be anything to do with the Hague Convention as that's based on the principle that the law in the child's country of residence is paramount.
Jun 7th 2006, 7:04 am
#10
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Re: how do you prove sole parent responsibility?
Originally Posted by Andrew Miller
Canada automatically recognizes parental rights of biological parents unless court says otherwise.
Canada is also signatory of Hague Convention on the Civil Aspects of International Child Abduction, adopted and respects UN Convention on Child Rights. So is and does UK as far as I know.
It is not the job of processing officer to evaluate other country's laws - it is the obligation of applicant to provide conclusive evidence that child may be removed from home country and that the other parent has no objection (notarized consent) or has no parental rights (court decision).
Canada is also signatory of Hague Convention on the Civil Aspects of International Child Abduction, adopted and respects UN Convention on Child Rights. So is and does UK as far as I know.
It is not the job of processing officer to evaluate other country's laws - it is the obligation of applicant to provide conclusive evidence that child may be removed from home country and that the other parent has no objection (notarized consent) or has no parental rights (court decision).
The mother has sole parental responsibility (unless father has applied for and been granted parental responsibility by the Court).
I understand that, in such situations CHC in London will accept a letter from an independent lawyer stating what the legal position in the UK is as "proof" that the mother is entitled to remove the child from the UK
Jun 7th 2006, 8:53 am
#11
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Re: how do you prove sole parent responsibility?
Had similar situation. Sent you a PM
Tracy
Tracy
Originally Posted by stubby1974
how does this work - what can someone get to prove they have sole rights...
couples wasnt married but father is on birthcert - father left very soon after birth - no contact for 3 years. mother now with new person, - new person wants to come to canada - they are on about getting married but how they make sure the kid comes with them without issues?
thanks
(btw: edmonton is lovely and the WP was a doddle)
couples wasnt married but father is on birthcert - father left very soon after birth - no contact for 3 years. mother now with new person, - new person wants to come to canada - they are on about getting married but how they make sure the kid comes with them without issues?
thanks
(btw: edmonton is lovely and the WP was a doddle)
Jun 7th 2006, 2:36 pm
#12
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Re: how do you prove sole parent responsibility?
thanks everyone
yeah apparently a letter from asolcitor will do so all happy here.
yeah apparently a letter from asolcitor will do
so all happy here.
Jun 9th 2006, 3:28 am
#13
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Re: how do you prove sole parent responsibility?
Originally Posted by Andrew Miller
Only 2 options:
1. Find the father and get notarized consent to take child permanently out of the jurisdiction; or
2. Go to court and get court order giving you not only sole custody but also stripping biological father of his parental rights.
You pick what will be easier and faster for you.
1. Find the father and get notarized consent to take child permanently out of the jurisdiction; or
2. Go to court and get court order giving you not only sole custody but also stripping biological father of his parental rights.
You pick what will be easier and faster for you.
Jun 9th 2006, 4:04 pm
#14
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Re: how do you prove sole parent responsibility?
Originally Posted by poeticjustice
But be aware that if you do send a notorized statement from the bio father, they still could ask for a "court" document further on down the road ...that is what happened to me.
Yup...same here in a case I have involvement with....
Jun 9th 2006, 5:47 pm
#15
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Re: how do you prove sole parent responsibility?
Originally Posted by poeticjustice
But be aware that if you do send a notorized statement from the bio father, they still could ask for a "court" document further on down the road ...that is what happened to me.
