tombo1979

As anyone emigrated with stepkids?? did they have problems geting permission from ex partners resulting in court action etc, if so what was outcome. where does your application stand in regards to this matter.
let me know guys

JAJ

Are you going to Canada or Australia (as your other thread suggests)?

tombo1979

first choice oz as i've been 2nd canada as my missus prefers. so where getin evidence on both comparing pros cons on both.

JAJ

If you go by posts on this forum then parents travelling with step-children get a lot more hassle in Canada than is the case in Australia.

In any case, you should start by looking at the immigration requirements (including waiting time - much longer in Canada) and work from there. As for permission from father of children, was he married to their mother?

sas-lou

I've asked similar questions regarding my situation.
Shortened version. 2 kids from previous relationship, didnt marry. Now married to canadian husband, no parental responsibility agreement set up between me and ex, havent seen him in almost 5 yrs,dont know how to contact him, moving to Canada this yr hopefully via family Class (medicals next month). Have sparked debates here, people have had different experiences at immigration in Canada.
I have emailed Canadian high commission here in London and got a reply back this week, they told me.

You will need to submit and send a letter to explain your situation with support letter from your sollicitor and proof of custody, the children will have to be sponsored as well.

I have an email from a lawyer advising me of my position, a letter from CSA stating they havent received payment from the bio father and letters from the principal registry of the family division in London stating that there are no parental respons agreements between bio father and myself regarding my boys.
I just hope the Canadian authorities will accept the information i can give them.
How do you prove custody when you were not married?????
Anyway hope that helps.
Long version afterall. Sorry

JAJ

Can you get something from the High Court Family Division stating that no parental responsibility agreement or parental responsibility order is in place?

Surrey Expat

Not true. Step parents do not get any more hassle in Canada than anywhere else. The discussions have centered around a single parent, traveling out of or into the country alone, without their spouse and with young children, step parent or biological parent. In these circumstances each parent is advised to carry a letter of authority from the other parent when traveling. This can avoid unnecessary delays at immigration. On the North American continent, both the American and Canadian immigration authorities may ask for such documentation. The Americans recently stopped a Canadian mother from entering the US, initially being questioned because she was traveling alone with a young child.

http://www.voyage.gc.ca/main/before/..._travel-en.asp

It surprises me that the Australian authorities have not implemented similar measures to reduce the incidences of child abduction.

You seem to show more concern for the hassle adults might experience if traveling alone with children unprepared, than for the welfare of the children who are the victims of abduction and their parents.

Surely this minor inconvenience is a small price to pay for child protection.

JAJ

They have but just don't presume everyone guilty until proven innocent. Nor do they give apparently limitless power to airline staff to act as judge and jury.

moondevil

Personally i would speak to your lawyer on this one.

Sounds like you have all rights in the uk etc, but once you enter canada and there laws say different.

My situation, not on birth cert, not paid owt, not even seen her and still need letter or court document.
Even though any judge will laugh if he wants to see her now, managed to find him and now it has started.

Just waiting for our lawyer to file paper work to court so that we can take it further. Personally i would make sure that you have covered every base before you move, that way you know in your heart you have done everything.
if you need any advise what our lawyer has told us, feel free to PM me.

tombo1979

yes they where married since divorced, weve got a court date feb to begin the process tho our lawyer has told us it could take up to 6 months.
the advantages with oz is that you can begin your application while this process is going on. i dont think you can with canada anyone know.

moondevil

i cant see why not

We are, also looking at jobs and if need be ill stay and follow after with the kids.
If her ex will sign an agreement then there is no need for court.

Court cn take upto 12 mths to sort out..
hope that helps

eve209

we have just applied to the courts DIY no solicitor, for permission to take my three kids and OH one child to Oz, neither non resident parent has had contact for several years but do have PR we have written to them asking for permission in way of a statuary declaration(need record of delivery attempts), have had no replies but even with the SD have been advised to get courts permission as well. Will take about 4-6 weeks to get an initial directions hearing, where it is more than likely that judge will order cafcas report, reporting on our wishes childrens wishes and non-res parents views if can be contacted, ours should be relatively straightforward so should get permission at second hearing hopefully wont take much longer than about 12-16 weeks. In the meantime we have applied for Visa pending permission. We have been in and out of court for child issues for tooooooo many years and decided to save a bit of cash and do it ourselves!! Happy to share our experiences, hope this helps a little.

joanne40

Hi I brought my 3 kids to Canada with my husband (their stepfather) My kids have no realtionship with their father and basically you either need a form form the Embassy in London signed by the father to agree to his consent or a legal notorised document by him giving consent. If he won't provide this and you have to go to court you have to be able to prove that you are going to be able to provide a good quality of life for the kids and in some cases then you may have to provide details of schools address etc when you are there. If they have a good relationship with the other parent then it is slightly harder as you have to prove that the kids will benefit from being overseas and you usually have to set up some arrangements for contact at holidays etc.
If you don;t know where the parent is then you have to be able to prove that you have done everything possible to contact him.
It was fine for us and we have had no problems since we have been here.

Good Luck

JAJ

Obviously your solicitor will advise, but others with exposure to these issues have pointed out that there is no basis in English law for a court order to be issued when the other parent has no parental rights to begin with.

Can't you prove that by getting documentation from the High Court showing that no parental responsibility order/agreement exists in favour of anyone else?

Of course once you actually move to Canada, then Canadian laws do take precedence. But that is in the future.

Or is adoption a possible answer?

JAJ

Part of your consideration with Canada needs to be what type of application you will submit and the likely processing time.

For example, regular skilled worker has a 5 year queue, so your children might be too old to even be within the scope of child custody law by then.

I'm open to correction but perhaps if you're applying to Canada via the Simplified process, it's possible that something like custody could be sorted out later on? The experts may comment on this.