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Permission to take child out of country problem

Permission to take child out of country problem

Old Oct 28th 2005, 7:00 am
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Default Permission to take child out of country problem

Hi
on PR forms i have to prove custody of child and that i can take her out of the country as she will not be 18 for another 6 months. Will a letter from Ex-husband agreeing to this suffice?? or any suggestions please. thanks
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Old Oct 28th 2005, 8:53 am
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Default Re: Permission to take child out of country problem

Originally Posted by jempee
Hi
on PR forms i have to prove custody of child and that i can take her out of the country as she will not be 18 for another 6 months. Will a letter from Ex-husband agreeing to this suffice?? or any suggestions please. thanks
Yes a letter from your ex-husband is perfectly acceptable. I always carry one from my husband when I take my daughter to any other country and we are happily married. To date I have never been asked why I am travelling alone with her.
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Old Oct 28th 2005, 9:21 am
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Default Re: Permission to take child out of country problem

Originally Posted by jempee
Hi
on PR forms i have to prove custody of child and that i can take her out of the country as she will not be 18 for another 6 months. Will a letter from Ex-husband agreeing to this suffice?? or any suggestions please. thanks
Tiaribbon is absolutely right but i would get the letter notarised by a solicitor, just to be on the safe side. I HAD to have a notarised letter for my PR application.
HTH
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Old Oct 28th 2005, 9:59 am
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Default Re: Permission to take child out of country problem

Originally Posted by andy_sheila
Tiaribbon is absolutely right but i would get the letter notarised by a solicitor, just to be on the safe side. I HAD to have a notarised letter for my PR application.
HTH
When you say 'notarised' is that something i can do once i have the letter? or ex has to do?
I have had to find him which has taken a long time(talking years not weeks) and have requested a letter as im afraid if he thinks it is hassle or going to cost him money he will disapear again!
He has said he will supply me with this letter (3 days ago) but have as yet not received anything so am trying to play it cool.
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Old Oct 28th 2005, 10:26 am
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Default Re: Permission to take child out of country problem

Originally Posted by jempee
When you say 'notarised' is that something i can do once i have the letter? or ex has to do?
I have had to find him which has taken a long time(talking years not weeks) and have requested a letter as im afraid if he thinks it is hassle or going to cost him money he will disapear again!
He has said he will supply me with this letter (3 days ago) but have as yet not received anything so am trying to play it cool.
You take the letter to a solicitor once you have it.
If your ex refuses and/or gives you hassle, see a solicitor and apply to your local family law court judge. The judge will give you permission straight away unless your ex gives a very good reason why you shouldn't take your daughter abroad.
I have been through all of this so i talk from experience.
Best wishes and good luck to you.
Andy
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Old Oct 28th 2005, 1:15 pm
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Default Re: Permission to take child out of country problem

Originally Posted by andy_sheila
You take the letter to a solicitor once you have it.
If your ex refuses and/or gives you hassle, see a solicitor and apply to your local family law court judge. The judge will give you permission straight away unless your ex gives a very good reason why you shouldn't take your daughter abroad.
I have been through all of this so i talk from experience.
Best wishes and good luck to you.
Andy

Maybe I'm missing something but the original poster says the child is turning 18 in 6 months - if it's a skilled case it's very unlikely to be decided by that stage and once child is 18, any issues of child custody ought to drop away.

I didn't think the English courts liked to get involved making custody orders over 16 and 17 year olds anyway, other than in exceptional cases.



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Old Oct 28th 2005, 1:32 pm
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Default Re: Permission to take child out of country problem

Originally Posted by JAJ
Maybe I'm missing something but the original poster says the child is turning 18 in 6 months - if it's a skilled case it's very unlikely to be decided by that stage and once child is 18, any issues of child custody ought to drop away.

I didn't think the English courts liked to get involved making custody orders over 16 and 17 year olds anyway, other than in exceptional cases.



Jeremy
Custody is already settled but she needs her ex's permission to take her daughter out of the country.

You are right (as usual) about everything else
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Old Oct 28th 2005, 1:40 pm
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Default Re: Permission to take child out of country problem

Theoretically, any child travelling out of their country of residence with only one parent is supposed to travel with a letter of consent from the other parent. I always have as I travel a lot with my daughter and not my husband, however as I say I have never been questioned at any Immigration, but the Immigration Officers have ALL gently and with subtlety questioned my daughter, who is always more than happy to tell them our life history LOL!!

I believe this was brought in to combat abductions and try to stop parents from kidnapping children who have perhaps been at the centre of custody issues.
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Old Oct 28th 2005, 1:43 pm
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Default Re: Permission to take child out of country problem

Originally Posted by andy_sheila
Custody is already settled but she needs her ex's permission to take her daughter out of the country.
1. Doesn't that depend on what precise rights 'custody' gives? In some countries custodial parents have automatic rights under the law to leave without reference to the other parent.


2. There are no custody issues, or requirements for other parents permission, once child turns 18.



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Old Oct 28th 2005, 1:48 pm
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Default Re: Permission to take child out of country problem

Originally Posted by JAJ
1. Doesn't that depend on what precise rights 'custody' gives? In some countries custodial parents have automatic rights under the law to leave without reference to the other parent.


2. There are no custody issues, or requirements for other parents permission, once child turns 18.



Jeremy
1, In the UK, custody doesn't give you the right to take a minor overseas without the permission of the other partner. You don't even have to be married but you must at least have "parental responsibility"

2, I agreed with that
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Old Oct 28th 2005, 1:55 pm
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Default Re: Permission to take child out of country problem

Originally Posted by andy_sheila
1, In the UK, custody doesn't give you the right to take a minor overseas without the permission of the other partner. You don't even have to be married but you must at least have "parental responsibility"

Some countries have a different rule in that respect. Switzerland, anecdotally at least, may give custodial parents full rights to remove children from the jurisdiction.

And as far as UK law is concerned, it's by no means clear that there are any effective parental custody rights over 16 and 17 year olds. However only a family law specialist could confirm that.


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Old Oct 28th 2005, 2:02 pm
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Default Re: Permission to take child out of country problem

Jeremy, you certainly have a point there. Plenty 16 and 17 year olds go to Europe on vacation alone without any parents. I know our older children all went overseas alone without me or my husband and I don't ever recall having to sign anything for them.

The UK is a funny country though - somethings 18 is the age of consent and in other situations it is 16 or 17. Most odd.
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Old Oct 28th 2005, 2:17 pm
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Default Re: Permission to take child out of country problem

Originally Posted by Tiaribbon

The UK is a funny country though - somethings 18 is the age of consent and in other situations it is 16 or 17. Most odd.
Not as 'odd' as in many US states where at age 18 you can vote, drive, get married, be drafted into the US Army and even buy a gun - but not buy alcohol.



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Old Oct 29th 2005, 1:06 am
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Default Re: Permission to take child out of country problem

Did you know in Uk at 17 you can apply to emigrate without parental permission. YOu can also apply in your own right for a passport at 16 so it makes the Candadian requests daft for 16 year olds.

I was a single mum, never married and my daughter had my name. I took her all over Europe and never got stopped.
When she was 8 I married a man, and had her name changed by deed poll. I have two step childen, we all have the same name.

Now the fault in their system is this.
When we travel together they think we are one big family I am their "mum" and mark is their dad. Infact I am step mum to two.
When I last went I went on my own with my daughter she was just to turn 16, and I was asked if I was her mum? We both laughed and I said although I had tried to disown her at times this time I tried to leave but she followed!!

He laughed himself and just advised that next time we should really carry a birth certificate, and possibly a letter from her dad saying he was Ok with me taking her!! But as she was nearly 16 it di not really matter. Well her birth dad and step dad found this amusing, as have you ever tried telling a 16 year old to do something when they did not want to do it?

The immigration guy just said as she can speak for herself we are OK.


QUOTE=Tiaribbon]Jeremy, you certainly have a point there. Plenty 16 and 17 year olds go to Europe on vacation alone without any parents. I know our older children all went overseas alone without me or my husband and I don't ever recall having to sign anything for them.

The UK is a funny country though - somethings 18 is the age of consent and in other situations it is 16 or 17. Most odd.[/QUOTE]
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Old Oct 29th 2005, 2:39 am
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Default Re: Permission to take child out of country problem

You wont really need it as she will be 18 before your application is even looked at, but here explains why they ask for it.

http://www.cbsa-asfc.gc.ca/general/e...missing-e.html

Originally Posted by jempee
Hi
on PR forms i have to prove custody of child and that i can take her out of the country as she will not be 18 for another 6 months. Will a letter from Ex-husband agreeing to this suffice?? or any suggestions please. thanks
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