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-   -   HELP advice needed (https://britishexpats.com/forum/spain-75/help-advice-needed-458856/)

jdr Jun 16th 2007 3:34 am

Re: HELP advice needed
 

Originally Posted by Mitzyboy (Post 4922420)
scuse me for saying so, but what an @ssole!!

How are you going to contact him then?

Maybe BT phonebook ? worth a try, phone up the close names till you recognize his voice.

debi Jun 16th 2007 3:35 am

Re: HELP advice needed
 

Originally Posted by lynnxa (Post 4922430)
but worth it in the long run

Thanks everybody. Not good news but as you say, it will be worth it.

Rosemary Jun 16th 2007 3:35 am

Re: HELP advice needed
 

Originally Posted by Mitzyboy (Post 4922428)
That could be expensive

If a father has not bothered for that length of time it is more likely that the solicitor will get a ruling from the family court saying that as he has not shown an interest or contributed to their support he cannot disrupt their plans.

Rosemary

debi Jun 16th 2007 3:42 am

Re: HELP advice needed
 

Originally Posted by The Oddities (Post 4922439)
If a father has not bothered for that length of time it is more likely that the solicitor will get a ruling from the family court saying that as he has not shown an interest or contributed to their support he cannot disrupt their plans.

Rosemary

Here,s hoping!

Debi

keithwalters Jun 16th 2007 5:09 am

Re: HELP advice needed
 

Originally Posted by debi (Post 4922416)
Hi mitzyboy,

No he,s never paid a penny. He,s remarried with another child apparently, I dont even have an address for him. As i say, he,s wanted nothing to do with them for 10 yrs.


So how would he know that you have moved to Spain?

debi Jun 16th 2007 6:27 am

Re: HELP advice needed
 

Originally Posted by keithwalters (Post 4922785)
So how would he know that you have moved to Spain?

Hi keithwalters
I think the problem will be when it comes to enrolling the children into school and we have to produce their birth certificates and mine and my partners also. As someone previously said, its to prove i haven,t "kidnapped" them!

Debi

Melosine Jun 16th 2007 10:10 am

Re: HELP advice needed
 
debi,
Ask at your local CAB office. You can find out what if anything you have to do and it won't cost you a penny for this information.

debi Jun 18th 2007 1:20 am

Re: HELP advice needed
 

Originally Posted by Melosine (Post 4923557)
debi,
Ask at your local CAB office. You can find out what if anything you have to do and it won't cost you a penny for this information.

Thanks Melosine,
I,m gonna head there tomorrow! I,ve found out an address for him, also where he works! :thumbsup:

Debi

Rosemary Jun 18th 2007 3:03 am

Re: HELP advice needed
 

Originally Posted by debi (Post 4931203)
Thanks Melosine,
I,m gonna head there tomorrow! I,ve found out an address for him, also where he works! :thumbsup:

Debi

I believe that under legal aid rules you are entitled to half an hour consultation with a solicitor for free. If you get advice from CAB check that they have indeed consulted with a solicitor as they are not themselves trained in legal issues.

Rosemary

Melosine Jun 18th 2007 4:02 am

Re: HELP advice needed
 
Rosemary,
In the branch I worked we had 2 fully qualified lawyers (ladies) employed to run the office as well as many other highly qualified volunteer retirees. Think you will find it a very professionally run organisation these days.

Not just there to hand out leaflets anymore.

However all branches have a access to a local solicitor who will give free advice. But unfortunately usually booked up weeks in advance because it is only one evening a week for 60-90 mins so only urgent cases get appointments.

Only those on benefits ,without a property or assets less than 8,000 pounds are guaranteed Legal Aid these days.
But probably for Debi it won't be necessary.

The absentee father might need a lawyer though if he is named on birth certificate but has failed to pay towards his child.

mikeoc Jun 18th 2007 4:44 am

Re: HELP advice needed
 
Unfortuantely, although he wants nothing to do with the children and hasn't paid, because you were married when they were born he does have parental responsibility. You will therefore need something official to take them out of the country without his consent. That is unless the law has changed since I left the UK. I'm sure it will only be a formality but legal advice is essential in your case

debi Jun 18th 2007 7:01 am

Re: HELP advice needed
 

Originally Posted by mikeoc (Post 4932262)
Unfortuantely, although he wants nothing to do with the children and hasn't paid, because you were married when they were born he does have parental responsibility. You will therefore need something official to take them out of the country without his consent. That is unless the law has changed since I left the UK. I'm sure it will only be a formality but legal advice is essential in your case

Its so annoying to have to get permission to get on with our lives from somebody who hasn,t given a damn for most of their lives :mad:. I,ve got an appt with a solicitor for next week to get things started. We wouldn,t be entitled to legal aid so just hoping its not going to cost the earth! I suppose it will be worth it in the long run! Debi

maryann Jun 18th 2007 7:15 am

Re: HELP advice needed
 
if your children go to spanish school you will need every kind of ID you can think of. And if as you say you the names on the birth cerificate are different to the current marriage certificate, you will have problems. You may also need proof of your divorce, ( i know crazy huh!)
My daughter has an odd religion on her birth cert, and the school really questioned this, so I am thinking the parents name will be an issue. It would be very worth getting this tightly sewn up before you come here with legal papers to back it up.
Every province will be different and every town will be different, so get all the advice you can.
good luck, I hope the move goes well and you sort it all out.

love

mary x x

PS. My daughter has ' jedi knight ' on her birth cert, that comes of me allowing her father to register her while I recovered. I learnt my lesson and remained present while my son was registered. He is just spiritual!

debi Jun 18th 2007 7:44 am

Re: HELP advice needed
 

Originally Posted by maryann (Post 4933118)
if your children go to spanish school you will need every kind of ID you can think of. And if as you say you the names on the birth cerificate are different to the current marriage certificate, you will have problems. You may also need proof of your divorce, ( i know crazy huh!)
My daughter has an odd religion on her birth cert, and the school really questioned this, so I am thinking the parents name will be an issue. It would be very worth getting this tightly sewn up before you come here with legal papers to back it up.
Every province will be different and every town will be different, so get all the advice you can.
good luck, I hope the move goes well and you sort it all out.

love

mary x x

PS. My daughter has ' jedi knight ' on her birth cert, that comes of me allowing her father to register her while I recovered. I learnt my lesson and remained present while my son was registered. He is just spiritual!

Thanks Mary,

Thankfully I do have a copy of my divorce certificate! Hopefully it should all work in my favour, he would really be best not kicking up a fuss as he hasn,t paid a penny towards their upkeep for 10 yrs! Also one of my daughters is quite excited to see somebody else with the same name as her!! ( Mary-anne)! x

Debi

debi Jul 6th 2007 6:49 am

Re: HELP advice needed
 
Hi guys,

I,ve been to the solicitor and she says to try writing to him asking for written consent which i,ve done and just posted :eek: she said if he doesn,t agree to it that,s when we,ll have to go thru the solicitor. I,m just hoping a written consent from him will be enough for the spanish authorities when we get there! I tried getting in touch with the spanish consulate but didn,t get much help off them, they just sent me an email which appeared to be a standard email for people considering moving to spain and didn,t specificly answer my question :thumbdown:

Debi


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