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Moved: husband not children's biological father

Moved: husband not children's biological father

Old Dec 31st 2007, 2:09 am
  #46  
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Default Re: Moved: husband not children's biological father

Originally Posted by grthespark
Sas,

The example I gave you yesterday was basically it in a Nutshell. Only the courts can overide the Bio father. You need to get their full aproval signed, & sealed that they have agreed in law that you can take your children to Canada without any problems.

G
Sorry but this is nonsense. If they were not married, then biological father does not have parental responsibility and, unless he applies to the court for parental responsibility and the court grants it, he has as much say in the child's upbringing as you and I do
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Old Dec 31st 2007, 2:28 am
  #47  
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Default Re: Moved: husband not children's biological father

Originally Posted by Almost Canadian
Sorry but this is nonsense. If they were not married, then biological father does not have parental responsibility and, unless he applies to the court for parental responsibility and the court grants it, he has as much say in the child's upbringing as you and I do
Hi Almost,

The scenario I gave to Sas was fact based. It was the only way they could do it after wasting lots of time & money on "Guess work" & "What people THINK they know!"

I'm not a lawyer but have described a factual case to which they are friends & now living in Canada with problems at entry.

There is just no way a letter from a Solicitor is going satisfy an official. Sas, to save all hassle, embarassment, heartache at entry, pay the money, go to court get it in Black & White, that way them is no room for error & it's all official.

The DIY route is not the way & will come back to haunt you later down the line.

Lots of luck

G
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Old Dec 31st 2007, 2:29 am
  #48  
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Default Re: Moved: husband not children's biological father

Originally Posted by grthespark
Hi Almost,

The scenario I gave to Sas was fact based. It was the only way they could do it after wasting lots of time & money on "Guess work" & "What people THINK they know!"

I'm not a lawyer but have described a factual case to which they are friends & now living in Canada with problems at entry.

There is just no way a letter from a Solicitor is going satisfy an official. Sas, to save all hassle, embarassment, heartache at entry, pay the money, go to court get it in Black & White, that way them is no room for error & it's all official.

The DIY route is not the way & will come back to haunt you later down the line.

Lots of luck

G
Sorry, that is mean't to read with NO problems at entry
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Old Dec 31st 2007, 2:41 am
  #49  
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Default Re: Moved: husband not children's biological father

Originally Posted by grthespark
Hi Almost,

The scenario I gave to Sas was fact based. It was the only way they could do it after wasting lots of time & money on "Guess work" & "What people THINK they know!"

I'm not a lawyer but have described a factual case to which they are friends & now living in Canada with problems at entry.
I think you're the one operating on "guesswork" and what you "think" you know.

Go back to post #34 of this thread and there is a link to the legal position in England & Wales in black and white.

After perusing that, maybe you will wish to comment further. Just because some CIC officials may be ignorant of the law and of Canada's international obligations does not in itself change the law.
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Old Dec 31st 2007, 3:45 am
  #50  
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Default Re: Moved: husband not children's biological father

Originally Posted by JAJ
I think you're the one operating on "guesswork" and what you "think" you know.

Go back to post #34 of this thread and there is a link to the legal position in England & Wales in black and white.

After perusing that, maybe you will wish to comment further. Just because some CIC officials may be ignorant of the law and of Canada's international obligations does not in itself change the law.
Jaj,

I don't profess to know the in's & out's of it. I'm also not operating from guesswork, or what I think I know. I agree with all you say, because quite frankly I don't need to know the details.

I'm just telling Sas exactly what happened to friends of ours & trying to save her money, & legwork.

But thanks for your input, Sas, maybe you should engage the services of Jaj, as he seems to have the answers you are looking for.

If I was you, I'd forget factual based experience & just go with Jaj's experience albeit from a link!

G
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Old Dec 31st 2007, 6:18 am
  #51  
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Default Re: Moved: husband not children's biological father

Originally Posted by grthespark
Hi Almost,

The scenario I gave to Sas was fact based. It was the only way they could do it after wasting lots of time & money on "Guess work" & "What people THINK they know!"

I'm not a lawyer but have described a factual case to which they are friends & now living in Canada with problems at entry.

There is just no way a letter from a Solicitor is going satisfy an official. Sas, to save all hassle, embarassment, heartache at entry, pay the money, go to court get it in Black & White, that way them is no room for error & it's all official.

The DIY route is not the way & will come back to haunt you later down the line.

Lots of luck

G
I reaaly don't want to get into a huge argument with you about this as you are obviously trying to help. Whilst not allowed to call myself a solicitor in England and Wales anymore (purely because my practising certificate expired in November of this year and I have no need to renew it now that I am in Canada now) I did practise law in England and Wales for 10 years so think I know what I am on about.

The simple fact is that, in the situation described above, it will be almost impossible to obtain any type of order from the Court that will provide for "the removal of a child from the jurisdiction by a parent with parental responsibility when there is no other person with parental responsibility. This is because the parent does not have to "answer" to anyone else in such a scenario. As a result, most judges would refuse to grant an order, essentially, ordering what the current position is. It's like asking a judge to grant an order allowing you to drive a car when you have a valid driving licence - it simply ain't gonna happen
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Old Jan 2nd 2008, 9:17 am
  #52  
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Default Re: Moved: husband not children's biological father

Originally Posted by Almost Canadian
I reaaly don't want to get into a huge argument with you about this as you are obviously trying to help. Whilst not allowed to call myself a solicitor in England and Wales anymore (purely because my practising certificate expired in November of this year and I have no need to renew it now that I am in Canada now) I did practise law in England and Wales for 10 years so think I know what I am on about.

The simple fact is that, in the situation described above, it will be almost impossible to obtain any type of order from the Court that will provide for "the removal of a child from the jurisdiction by a parent with parental responsibility when there is no other person with parental responsibility. This is because the parent does not have to "answer" to anyone else in such a scenario. As a result, most judges would refuse to grant an order, essentially, ordering what the current position is. It's like asking a judge to grant an order allowing you to drive a car when you have a valid driving licence - it simply ain't gonna happen
Hi Almost,

Glad you realised the "Help" part. Like so many threads on here some people tend to reply, & then end up arguing amongst themselves about who is saying what, about who!

The real matter in hand loses focus & then seems to get left behind with what the original question which was posted.

I have already said in a previous post, that maybe as our friends situation may have been before 2001, then this could explain why they had to complete so much paperwork & get permission from the court before removing the children to Canada.

I'm not stating that it's the law today, I'm merely pointing out a factual case that happened to some friends & the situation was very similar to Sas's.

I'm just giving their story, & what they had to do in order to remove the kids to Canada.

I can see exactly where you're coming from as regards the the example you're giving - ie. Valid driving licence

I have no wish to argue with you either, I'm just adding our friends experience as to what happened, that's it! Then Jaj is saying that's wrong & that I should read this link etc.. I'm not saying to Sas "Listen to me do this, do that," I'm just telling her about an experience that happened which was similar circumstances to hers.

Should she then choose to take sections of that experience to help her gain her goal then so-be-it

I have nothing further to add, I just wish her luck. Although, Sas if you are still following this thread, I'd be real interested as to how it all ends for you, & what you eventually had to do to take the kids to Canada?

Best of Luck

G
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Old Jan 2nd 2008, 11:57 am
  #53  
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Default Re: Moved: husband not children's biological father

Originally Posted by grthespark
I have already said in a previous post, that maybe as our friends situation may have been before 2001, then this could explain why they had to complete so much paperwork & get permission from the court before removing the children to Canada.
You haven't understood this correctly. Parental responsibility is given (as of right) to unmarried fathers only where children are born after a cut-off date.

Which in England and Wales is 1 December 2003.

Just because they were asked to do something does not mean it was legal. Public servants often do not understand the laws they are supposed to administer.
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