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LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Old Feb 6th 2010, 9:41 am
  #16  
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by bewillow
"Parental Responsibility" in the UK refers to a very specific part of UK law. See http://www.direct.gov.uk/en/Parents/...hts/DG_4002954 Very definitely not all biological parents, even if listed on the birth certificate, have parental responsibility.

Canadian law is different from UK law, and does not have the UK definition of "Parental Responsibility"
And there is no such thing as UK law on this ... there is England & Wales law, Scottish law, and Northern Irish law. And is there any such thing as Canadian law, or is it provincial?

Assuming child was born after cut-off date - 1 December 2003 in England & Wales - then if a father is on the birth certificate, father does have parental responsibility.
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Old Feb 7th 2010, 9:20 am
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by JAJ
And there is no such thing as UK law on this ... there is England & Wales law, Scottish law, and Northern Irish law. And is there any such thing as Canadian law, or is it provincial?

Assuming child was born after cut-off date - 1 December 2003 in England & Wales - then if a father is on the birth certificate, father does have parental responsibility.
Well he is on the Birth Cert but my son was born before the cut off. So he doesn't have Parental Responsibility, but he has said he will give a letter any way. But it may have gone Pear shaped this Week end, as he has been a $%&*^ (think of an appropriate expletive) this Week end. Perhaps he is lurking on here and watching what I write!!!

Sarah x
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Old Apr 26th 2010, 11:40 pm
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Just to update you all on this subject if any of you are in the same position.

My EX refused to sign a letter for Immigration, so I sent in information about this and that in the eyes of the law here I have Parental responsibility etc etc and not their father. I did this for both my PR and TWP applications.

Well got an email from them yesterday in the TWP section and they are still asking for a letter!!!!! I have reworded the letter and am in the process of getting my ex to sign it !!!! Please send positive thoughts etc etc to make him do it!

I am waiting now to get the same thing from the PR people!!! I will try and get him to do 2 copies!!!

Oh this is what they said in the email:

This letter acknowledges receipt of your application for temporary entry to Canada. To continue processing your application, we require documents indicated below by mail. All documents must be translated into either English or French.

We are unable to respond to case status requests from you or your Canadian employers due to current resources.

Please quote your file number on all correspondence. If you do not submit the requested documents within 30 days, your file will be refused and closed with no further notice. Should you have any questions, please refer to our website.

- Custody documents: Notarized, original letter of no objection from you son's natural father Mr ?????? indicating that he has no objection to your son going to Canada temporarily. This can be done at any commissioner of oath/solicitors office. Faxes/photocopies will not be accepted.

- Or, evidence you have custody of your son or a court order stating that your son may be taken to Canada.
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Old Apr 26th 2010, 11:53 pm
  #19  
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by Madwife
- Custody documents: Notarized, original letter of no objection from you son's natural father Mr ?????? indicating that he has no objection to your son going to Canada temporarily. This can be done at any commissioner of oath/solicitors office. Faxes/photocopies will not be accepted.

- Or, evidence you have custody of your son or a court order stating that your son may be taken to Canada.
If he never had parental responsibility, don't you have sole custodial rights?
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Old Apr 27th 2010, 1:16 am
  #20  
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

We wern't married so he has no rights unless he goes to court to get them!! Hence no way to prove custody. I have sole parental responsibility because my son was born before 1 dec 2003!!! Complicated and I did send supporting evidence of this, but to no avail. He will sign to let us go (ha that is one argument he had against signing as he doesn't need to give permission!!) but he didn't like a piece in the letter that said that he would not have automatic rights to go to Canada and that he had to meet all the cic requirements to be admitted to Canada and this could result in him being permanently seperated form his son!!

Any way I have reworded the letter and sent it to him let us see if he will sign it this time.

Sarah x
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Old Apr 27th 2010, 1:32 am
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Just wanted to say good luck hopefully he will sign and it will all get sorted.
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Old Apr 27th 2010, 6:32 am
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Hi,
We just wrote a simple letter stating that the father has given his permission for children to live permanetely in Canada and his signature. We did not get it witnessed by a solicitor. Hope this helps.
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Old Apr 27th 2010, 7:24 am
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

i've just asked my ex to write a letter confirming he has given me permission to take our son out to canada! i have asked him for a photocopy of his birth cert an his passport or other id too - i hope this is adequate!

annoyin cos he hasnt been interested in seein his son for the last 7 years - an certainly gettin him to pay anythin was hard enough!

good luck with gettin your ex to sign i really hope he does as i hope mine will! .... ex's can be such aholes at times!
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Old Apr 27th 2010, 7:25 am
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by chrisjones
Hi,
We just wrote a simple letter stating that the father has given his permission for children to live permanetely in Canada and his signature. We did not get it witnessed by a solicitor. Hope this helps.
and was this accepted as ok??
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Old Apr 27th 2010, 4:12 pm
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by Madwife
We wern't married so he has no rights unless he goes to court to get them!! Hence no way to prove custody. I have sole parental responsibility because my son was born before 1 dec 2003!!! Complicated and I did send supporting evidence of this, but to no avail.
No way to prove custody? I think if you ask the High Court Registry nicely, they may issue a letter saying that no parental responsibility agreement or order has been made. Did you talk that step?
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Old Apr 27th 2010, 8:51 pm
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by JAJ
No way to prove custody? I think if you ask the High Court Registry nicely, they may issue a letter saying that no parental responsibility agreement or order has been made. Did you talk that step?
No I didn't that is a good idea. I will do that aswell as nagging him to do the letter, he has agreed but I know he is goiong to delay it and put it off.

Sarah x
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Old Apr 28th 2010, 2:18 am
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by JAJ
No way to prove custody? I think if you ask the High Court Registry nicely, they may issue a letter saying that no parental responsibility agreement or order has been made. Did you talk that step?
I can't see any Court doing this. The people at the counter would not likely entertain such a request and I can't imagine a judge would do so either.


The best bet is to get a letter from a Solicitor setting out the legal position.
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Old Apr 28th 2010, 3:35 am
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by Almost Canadian
I can't see any Court doing this. The people at the counter would not likely entertain such a request and I can't imagine a judge would do so either.


The best bet is to get a letter from a Solicitor setting out the legal position.
I have come to the same conclusion as the High court family section have no phone number for enquiries and they only have set online forms for requests none of which are appropriate for this problem,

But a solicitor's letter is a good Idea.

Thanks
Sarah
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Old Apr 28th 2010, 7:59 am
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Just sending loads of good luck your way Sarah - what on earth is going on?! Hope this gets sorted out real quick Julie x
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Old Apr 28th 2010, 8:54 am
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by Jazzflute
Thanks Julie

If you don't mind me asking? My ex doesn't have Parental Responsibility but I have included him every step of the way. How did you not use the letter? Did you not have to send it with your PR application? or did you wait for them to ask for it and they never did?

I think I will need to do it for my 17 yr old as he did have Parental responsibility for him, I know it ran out when he reached 16, but it is so complicated for the CIC, I think it may just be easier to get the letter then there can be no delays.

Sarah x
Hi Sarah

I was asked by CIC to provide written confirmation from my daughter's father to send off with our passports etc. This sent me into a bit of a panic because she doesn't have a lot of contact with him and he's never really been instrumental in her upbringing. Out of courtesy I emailed him to ask if he would mind but I received really abusive emails from him.

I then found the following information on the directgov website regarding parental responsibility and included a printed copy with the passports etc. (here's the link) http://www.direct.gov.uk/en/Parents/...ch&CRE=Parents

I also included copies of the emails I'd sent to my daughter's father asking if he wouldn't mind giving written permission and the rather abusive replies I'd
received! At the time of emailing him I was in a bit of a panic and really thought I had to ask for his permission. However, when I found the information on directgov regarding parental responsibility, I calmed down! I subsequently received our passports back with visas intact!

We are landing at the beginning of March (just to activate the visas and will then return). I don't anticipate any problems and will keep you posted how I get on.

ps - when I posted on BE last year about this matter I received lots of conflicting information - mainly people advising me that I'd need his permission etc., but others advised that I didn't given that he doesn't hold parental resp. - turns out the latter folks were right!

Sounds like you have a good relationship with your ex so I guess it wouldn't hurt asking him.

All the best Sarah

Julie x[/QUOTE]

Hi Julie,
I read with great interest your posting..I am in a similar situation (I think). My ex walked out on our daughter and I soon after she was born. I have sole custody and he has visitation rights, which he has chosen to exercise once in the last 9 years when our daughter was a year old. He is Canadian but living in Africa, and has not paid a penny of child support since she was born.

I have recently remarried to a wonderful Canadian man, and like you, have been asked by the CIC to provide them with a consent letter from my ex. A little difficult to do considering we havent spoken in over 8 years.

Looking at the issue of parental responsibility, he certainly cant claim PS as he has not participated in her life in any way all these years. However, on the basis of us being married at the time our daugher was born, he can claim PS. I was wondering if you can share your situation with me which the CIC were obviously satisfied with, and granted your visas without the consent letter.

Thank you!

Raabia
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