Almost Canadian

If you want it notarized you know where I am

ann m

Thank you sir!

(Seriously though, do you think that would be sensible?)

Edit: I would pay you with wine, but you make it better than I can buy - hee hee

Melsa

Hi i've visited Canada twice as a single parent taking my daughters with me. The first time I went I was grilled by the immigration officer as to why I was travelling alone without the children's father. I explained it was for a holiday and that I had his permission although I didn't have a letter of consent. I showed him my return tickets and I gave their fathers's name and address so they could contact him if they wished and they were satifisfied with this.

The 2nd time I went to Canada I travelled with my new partner and my children and the immigration officer never even questioned anything. My advice would be to get a letter of consent off the father as it is better to be safe than sorry. My ex has now signed a letter of consent to allow the children to emigrate to Canada with me and my partner. Good luck.

Almost Canadian

Thanks

I would obtain one - better to be safe than sorry and, as others have stated, it is a requirement that can be legally enforced if you come up against a snarky official.

Siouxie

I meant an order.

david hodson international lawyers

Unmarried parents and father without parental responsibility

If the mother alone has parental responsibility and there are no residence orders concerning the child,
permission is not strictly needed by her to take a child abroad on holiday or other temporary period.

However yet again it is responsible parenting to consult and reach agreement with the other parent and
to keep the other parent informed of the child’s whereabouts whilst abroad. A father without parental
responsibility can apply for parental responsibility and so may then object to the temporary removal as a s8 prohibited steps order

Good Practice aspects

It may be good practice to include in a temporary removal order (i.e. permission for a holiday abroad) a
declaration that the child’s habitual residence is in England. Alternatively, where previously no residence
order had been needed on the basis of the no order principle, it may now be good practice to obtain
one.
If the other (non primary residence) parent unreasonably refuses permission for a holiday abroad and
a court application is needed and then successfully obtained, it would be then wise also to seek a
residence order to avoid these difficulties occurring in the future.
~~~~

Additionally, since December 2003 if both parents were present at the birth registration the father gains automatic parental responsibility.

http://www.officialsolicitor.gov.uk/os/icacu_law.htm

When the father is not married to the mother, he does not have parental responsibility simply by being the father, but he may acquire it either by court order or by formal agreement with the mother (parental responsibility agreement). Since 1 December 2003 if both parents are present when the birth of the child is registered, an unmarried father will automatically acquire parental responsibility for his child. See the Births and Deaths Registration Act 1953 and Statutory Instrument 2003 No.3079(C.117) Children and Young Persons in England and Wales which, under paragraph 2(2) brings into force section 141 of the Adoption of Children Act 2002

Under the Child Abduction Act of 1984, it is a criminal offence in England and Wales for any person connected with a child, to take or send the child out of the United Kingdom without the consent of any other person who has parental responsibility for the child. A parent who has the right to have contact with or access to a child will usually also have parental responsibility. The term 'connected with a child' is defined in Section 2 of the Child Abduction Act 1984 and includes the parents or guardians of a child and anyone who has parental responsibility for the child.

No offence is committed, however, where a child is the subject of a custody/residence order, if the court which made the order has consented to the child being removed from the country

Lisa and Steve

You may or may not need his consent for immigration purposes.

I was not married to my children's father and had been apart for several years when I went through the immigration process last year. I had my solicitor draw up an affidavit stating that according to Family Law in Ireland I had sole parental responsibility for the children and despite financial arrangements being in place for the children, their father did not intend to pursue an application for parental responsibility then or in the future, and that there was no such application before the Courts at that time.

I brought that document with me when we arrived at Halifax Airport - wasn't asked to show it or explain anything about the children. I then submitted it for our PR application along with a letter the solicitor drew up explaining Irish family law and how it applied to my situation - that was accepted by CIC.

Now I know that Family Law is slightly different in Ireland than in the UK but the principle should still be the same. If you are the parent with sole legal and parental responsibility for your children, their father does not have parental responsibility and is not proceeding with an application for same, then I think a sworn affidavit and perhaps a letter explaining your situation and how the law relates to that from your solicitor would suffice.

Best of luck
Lisa

Almost Canadian

I didn't know what you meant, I replied to what you wrote.

Thank you for that, I note none of it contradicts what I stated above. As an ex-English solicitor I am aware of the law of England and Wales, although I appreciate that it may have changed since I left in January 2007

DottyP

Thanks Lisa

There may be hope for me yet!

I really don't want to be contacting their dad, knowing full well he will try to make it as difficult as possible. Off to see sol on Monday, to try and sort it. Feel much calmer about it now

Thanks again

dotty

Lisa and Steve

Sent you a PM Dotty

JAJ

I think many of us would be curious to know which particular statute section gives "the law of the land", especially as regards immigration and travel.

Aviator

Not in the least bit interested. Either way, whether it is or is not legally enforceable, who wants to stand and argue with an immigration official when all they need is a letter of permission.

We've been asked and it is certainly a lot easier to just show a letter. What did cause confusion is when the family went through one immigration channel and I went through another.

JAJ

It is actually pointed out in the CIC operating manual that under the IRPA they have to admit anyone (child or adult) who is a Canadian citizen or permanent resident. The most they can do, where the family are Canadian citizens/PR, is contact provincial law enforcement if they feel that something is amiss.

Lorna999

Hi Lisa
We went through a similar thing.... My ex husband has been absent for 10 years with no contact or maintenance payments etc. We tried everything to avoid contacting him, but unfortunately there was no way round it. Good advice from almost canadian as he has experience of these things.... hope it all works out for you and good luck
Lorna

Aviator

Why go to all the bother when a letter will save you the hassle Who wants to wait around for law enforcement, answer questions, possibly get hauled off if they are suspicious to answer some more questions. All this after a 9/10 hour flight (it would have been 14 hours for me) to try and make a point that a simple letter will solve. I have never met or heard about anyone who has a problem with measures that try and reduce child abduction, other than you that is.

Almost Canadian

And a letter prevents that how? Faking such a letter is not difficult at all. Such a letter is not a requirement throughout much of Europe. I don't see child abduction being a bigger issue in Europe than it is in Canada.