janeth8711

Ive just got back from a meeting with my solicitor.
My question was to find out what i need to do to get consent from my ex.
Ive not had contact from him in 6 years neither have his children now im stuck as i have no idea of his whereabouts.
My solicitor suggested writing a letter stating the facts of our divorce etc to take with me to the interview.
Will this be enough or will i have to go through the costly route to get his permission?

Any thoughts would be appreciated

Madelina

Hi there,
My situation was a little different as my children had lots of contact with my ex - he was reluctant to give permission, but he did not want the court battle, and agreed to giving permission as long as i went to the county court with him to set out an agreement for visitation etc.

The Embassy / immigration will require written permission for you to remove the children from the UK. It doesn't necessarily have to be from the courts, it can be written by their Father, but in your situation, your only choice i think is to apply to the court for "Leave To Remove"... i.e permission to remove the children from the United Kingdom. I would very much suggest you use a solicitor who is familiar with these cases, as most are not, and they simply do NOT know the rules, and how these cases usually go. You can find one by doing an internet search. They will help you with what you need to provide the courts with, to prove that the children have no contact with their father, etc. Honestly, don't try to do this with a solicitor who hasn't done this before, i can almost guarantee they will give you incorrect advice.

As for my situation, it was my ex-husband's solicitor that gave incorrect advice, because the visitation agreement he gained from the local court no longer applies once the children are not permanent residents of the United Kingdom. In fact, my ex would have to come to the US, and apply to a local State court for access or any change in the agreement whatsoever. His lawyer didn't tell him this, and i certainly didn't because i didn't want to rock the boat quite honestly, and i have every intention of keeping my end of our agreement anyway.

I would say: you have a very good chance of getting your case approved. There would have to be very good reason to deny your move, and it doesn't sound like your ex would even bother to try and come up with any reason.

Good luck!

Maddy

sir_eccles

I recall reading on another recent thread that you have to show the court reasonable effort in trying to contact the father, to the extent of hiring a private investigator to look for him.

http://britishexpats.com/forum/showt...hp?t=756418#14

Madelina

I agree with this - one way or the other the court will want to know the father has been notified, and what his response is. Your word that he isn't involved / traceable wouldn't be enough.

teach_says

I am in the process of attempting to get permission to relocate with my youngest son and too have no clue of his whereabouts.

This is what I have done so far...

1. Got a statutory declaration that is notarized stating that I am sole carer, and don't know his whereabouts, etc

2. I am going to serve his Dad, Mother, Aunt and Cousin (these are his family members that I know their whereabouts) in person (once I finish writing up my statement of support).

3. I am in the process of writing a statement of support (with a statement of truth at the end) to support my application to remove my son from the jurisdiction of the court. This is basically my chronological order of events of his disregard of his son with references to court cases based on relocation and I am also using human rights act (1998) article 2 & 8 to back up my statements. This is taking me some time to get done!!!!

4. Another court hearing is booked for 11th June, where CAFCASS will also be interviewing me.

It's a lot more than I naively thought initally, but I am learning so much in the process.

BEFORE going to court; seek legal advice, complete the C100 forms (4 times) and get the statement of support written up. The judge will take you more seriously if you have. Also be prepared to attend court 2, 3 or possibly 4 times before a decision is made.

janeth8711

Thanks guys for your thoughts.
I do know where his sister lives/ lived but not spoken for 6/7 years.
My main problem i guess now is that we have our medical next week so really don't want this to drag out and delay our move. So if i manage to find his whereabouts as i don't even know if he's in contact with his sister would a simple letter stating he gives me permission to take the kids be evidence enough or will i still have to get something signed through the courts?


Many thanks

Janet

teach_says

Your best bet is to get a statutory declaration done that would list out your particulars and get it notarized by a solicitor. Take that with you to the interview as its like an affidavit.
My solictor has said that is enough when there is no contact and your children are old enough to confirm that they have had not contact with their Dad as well.

Good Luck hun.

ian-mstm

You don't need to speak to her. Have your attorney contact her.


I believe a signed letter will suffice as long as it has the "magic language":

"I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).

Print Name:

Signature:"


Ian

janeth8711

That's what i was hoping, but my daughter who's 8 now has not seen him since she was 18mth old and because of having no relationship with her biological father she has always called her step dad.... dad. If they start asking the children questions it is going to slightly mess with her mind. Although i know eventually she will have to know the truth.
This sucks, there should be some sort of law that revokes parental responsibility if the parent isn't obviously displaying any!

Janet

S Folinsky

You have run into a big issue of the problems related to international child abduction.

And you have been told here that there are ways under law to terminate parental responsibility.

teach_says

Discharging parental responsibility is hardly ever granted in the UK. I was told by the Judge that regardless of how violent, horrid or dangerous a man is to a mother or others he still keeps his PR. They will put orders in place to help her (e.g non-molestation).

Reasons such as sexual abuse towards the child or severe physical abuse to the child are reasons that they will discharge his PR.

Disinterested and unwilling fathers keep their PR even if they don't want it in the UK, so glad US law is different in this matter.

I have attached a handout that I have found useful (its a little old though), also you can get up to date information here and this website is really good on all sorts of family law matters