custody of the children!!

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Old Oct 28th 2002, 2:45 am
  #1  
Marie
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Default custody of the children!!

Hi All
Well can anyone tell me if I will need more to satisfy the
embassy... my court order for my divorce states that I have costody
of the children and that my ex husband has visiting rights..
which I have never objected to or stopped him seeing te kids.
but I have been told that I might need to get a letter of
permission from him for me to leave the county with the children
is this correct????
 
Old Oct 28th 2002, 4:03 am
  #2  
Wolfie
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Default Re: custody of the children!!

"Marie" wrote in message
news:985ab983.0210271945-
[email protected]
...
    > Hi All
    > Well can anyone tell me if I will need more to satisfy the
    > embassy... my court order for my divorce states that I have costody
    > of the children and that my ex husband has visiting rights..
    > which I have never objected to or stopped him seeing te kids.
    > but I have been told that I might need to get a letter of
    > permission from him for me to leave the county with the children
    > is this correct????

IT sure better be!!
 
Old Oct 28th 2002, 4:19 am
  #3  
Shannon
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Default Re: custody of the children!!

Originally posted by Marie
Hi All
Well can anyone tell me if I will need more to satisfy the
embassy... my court order for my divorce states that I have costody
of the children and that my ex husband has visiting rights..
which I have never objected to or stopped him seeing te kids.
but I have been told that I might need to get a letter of
permission from him for me to leave the county with the children
is this correct????
What country are you in? Are you emigrating or just going on holiday?

I was told I needed a letter from my husband to travel outside the US with our son but none was requested. However, for immigration to the US the INS will require such approval.

Shannon
 
Old Oct 28th 2002, 7:06 am
  #4  
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Default Re: custody of the children!!

Originally posted by Marie
Hi All
Well can anyone tell me if I will need more to satisfy the
embassy... my court order for my divorce states that I have costody
of the children and that my ex husband has visiting rights..
which I have never objected to or stopped him seeing te kids.
but I have been told that I might need to get a letter of
permission from him for me to leave the county with the children
is this correct????
Hi Marie,

I am not sure what country you are in, but the US embassy in London gives instructions that you do need proof of custody as well as proof of permission to take children out of the country. Here is the link:

http://www.usembassy.org.uk/cons_web/faqs/iv/faq_child.htm

Hope that helps.

Debbie
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Old Oct 28th 2002, 1:13 pm
  #5  
Margaret
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Default Re: custody of the children!!

You are correct. I had to have something in writing stating that the
father of my son was aware that he would be immigrating to the U.S.
and he the father was giving him permission to do so. This was
requested of me when I went for my interview with the U.S. Consulate
in Montreal, Canada.


[email protected] (Marie) wrote in message news:...
    > Hi All
    > Well can anyone tell me if I will need more to satisfy the
    > embassy... my court order for my divorce states that I have costody
    > of the children and that my ex husband has visiting rights..
    > which I have never objected to or stopped him seeing te kids.
    > but I have been told that I might need to get a letter of
    > permission from him for me to leave the county with the children
    > is this correct????
 
Old Oct 28th 2002, 2:22 pm
  #6  
Jan
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Default Re: custody of the children!!

Yes you do need a letter of permission, I was told i did even though my son
is 16. However my ex husband had only maintained minimum contact with my
son over the previous 12 years ( we counted 14 visits ) and as he was
reluctant to furnish me with a letter of permission a couple of friends
stood in and wrote me letters confirming the lack of support and contact
with my son which the embassy in London accepted.
hope this helps
Jan
"Marie" wrote in message
news:985ab983.0210271945-
[email protected]
...
    > Hi All
    > Well can anyone tell me if I will need more to satisfy the
    > embassy... my court order for my divorce states that I have costody
    > of the children and that my ex husband has visiting rights..
    > which I have never objected to or stopped him seeing te kids.
    > but I have been told that I might need to get a letter of
    > permission from him for me to leave the county with the children
    > is this correct????
 
Old Oct 28th 2002, 5:30 pm
  #7  
Marie
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Default Re: custody of the children!!

Hi
I am living in Spain but waiting for a fiancee visa to go to the
USA to get married... I have a court order which says that I have
sole cistody and my ex husband has visiting rights... I will be
going to Madrid Embassy.. And I have asked my solicitor if I need
anything else as he knows that it will be difficult for me to
get this from my Ex ,, but he said I do not need it but I have
been reading on here tat some embassys asked for it... HELP!ª!!!!







Shannon wrote in message news:...
    > Originally posted by Marie
    > > Hi All
    > > Well can anyone tell me if I will need more to satisfy the
    > > embassy... my court order for my divorce states that I have costody
    > > of the children and that my ex husband has visiting rights..
    > > which I have never objected to or stopped him seeing te kids.
    > > but I have been told that I might need to get a letter of
    > > permission from him for me to leave the county with the children
    > > is this correct????
    > What country are you in? Are you emigrating or just going on holiday?
    > I was told I needed a letter from my husband to travel outside the US
    > with our son but none was requested. However, for immigration to the US
    > the INS will require such approval.
    > Shannon
 
Old Oct 28th 2002, 10:53 pm
  #8  
Mrtravel
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Default Re: custody of the children!!

jan wrote:
    > Yes you do need a letter of permission, I was told i did even though my son
    > is 16. However my ex husband had only maintained minimum contact with my
    > son over the previous 12 years ( we counted 14 visits ) and as he was
    > reluctant to furnish me with a letter of permission a couple of friends
    > stood in and wrote me letters confirming the lack of support and contact
    > with my son which the embassy in London accepted.
    > hope this helps

Ouch.. So, let's understand. Two letters from people attesting to this
will get a child's parent deprived of due process... not that you don't
have a legitimate issue, but as a non custodial parent, I would want
there to be something more required if my child's custodial parent wants
to move out of the country
 
Old Oct 29th 2002, 12:53 pm
  #9  
Jan
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Default Re: custody of the children!!

I was just stating that it worked for me, my 'child' is 16 and was actually
asked in london if this is what he wanted.
I think the crux of my position is that his father hasnt behaved like a
father for 14 years so why should he make any
difference to the childs life now? When asked if my son could visit
sometime before we were due to move he declined
saying he was too busy, our process took 9 months .... being too busy in 9
months to see your own son before he emigrates
seems to say it all i think you'll agree. Oh and of course he ceased to pay
any maintenance as soon as we left the country. Not
that its been regularly fothcoming over the last 14years anyways.
Maybe i was wrong to post ........ maybe not ........ just looking at life
in a different perspective from the jolly perfect 'Bisto' family

Jan
"mrtravel" wrote in message
news:[email protected]
t
...
    > jan wrote:
    > >
    > > Yes you do need a letter of permission, I was told i did even though my
son
    > > is 16. However my ex husband had only maintained minimum contact with
my
    > > son over the previous 12 years ( we counted 14 visits ) and as he was
    > > reluctant to furnish me with a letter of permission a couple of friends
    > > stood in and wrote me letters confirming the lack of support and contact
    > > with my son which the embassy in London accepted.
    > > hope this helps
    > Ouch.. So, let's understand. Two letters from people attesting to this
    > will get a child's parent deprived of due process... not that you don't
    > have a legitimate issue, but as a non custodial parent, I would want
    > there to be something more required if my child's custodial parent wants
    > to move out of the country
 
Old Oct 29th 2002, 1:20 pm
  #10  
Margaret
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Default Re: custody of the children!!

mrtravel wrote in message news:...
    > jan wrote:
    > >
    > > Yes you do need a letter of permission, I was told i did even though my son
    > > is 16. However my ex husband had only maintained minimum contact with my
    > > son over the previous 12 years ( we counted 14 visits ) and as he was
    > > reluctant to furnish me with a letter of permission a couple of friends
    > > stood in and wrote me letters confirming the lack of support and contact
    > > with my son which the embassy in London accepted.
    > > hope this helps
    > Ouch.. So, let's understand. Two letters from people attesting to this
    > will get a child's parent deprived of due process... not that you don't
    > have a legitimate issue, but as a non custodial parent, I would want
    > there to be something more required if my child's custodial parent wants
    > to move out of the country


Agree with you here. This is a scary thought. NOt saying this is
happening eiher, but it's so easy to get a couple of friends to lie
for you especially if you find yourself in a desperate situation.
 
Old Oct 29th 2002, 1:40 pm
  #11  
Marie
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Default Re: custody of the children!!

Ok so you are all saying that even though I have no intensions of
stopping his visiting rights or contact I still have to have his
permisiion to take them out the country in which he holds me
prisioner!!!!! we are most definitly NOT on speaking terms because
he is a controlling bully.. and this will just give him even more
control over me...
He works off shore, so sees the children when he can he is also in
a position where as his employer will fly him to wherther vere he
wishes when he has finished his shift of 4 weeks off shore.. .. so
PLease some one advise me what I can do here..?????






mrtravel wrote in message news:...
    > jan wrote:
    > >
    > > Yes you do need a letter of permission, I was told i did even though my son
    > > is 16. However my ex husband had only maintained minimum contact with my
    > > son over the previous 12 years ( we counted 14 visits ) and as he was
    > > reluctant to furnish me with a letter of permission a couple of friends
    > > stood in and wrote me letters confirming the lack of support and contact
    > > with my son which the embassy in London accepted.
    > > hope this helps
    > Ouch.. So, let's understand. Two letters from people attesting to this
    > will get a child's parent deprived of due process... not that you don't
    > have a legitimate issue, but as a non custodial parent, I would want
    > there to be something more required if my child's custodial parent wants
    > to move out of the country
 
Old Oct 29th 2002, 3:04 pm
  #12  
The Missus
 
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Default Re: custody of the children!!

Originally posted by Marie
Ok so you are all saying that even though I have no intensions of
stopping his visiting rights or contact I still have to have his
permisiion to take them out the country in which he holds me
prisioner!!!!! we are most definitly NOT on speaking terms because
he is a controlling bully.. and this will just give him even more
control over me...
He works off shore, so sees the children when he can he is also in
a position where as his employer will fly him to wherther vere he
wishes when he has finished his shift of 4 weeks off shore.. .. so
PLease some one advise me what I can do here..?????

Marie,
I can sympathize with your situation and have much the same in my own. One thing I've had to make myself realize is that I will never be completely free of my ex-husband because of the fact that he and I are bound by the children and always will be.

That said, I think I would advise you to talk to a lawyer and find out exactly what you need to do in order to obtain this permission from him. You don't want to take a chance on getting into some sort of custody battle from him just being difficult, do you? That wouldn't be good for anyone, particularly your children. I believe that the most prudent thing to do is to consult an attorney and make decisions based on what the law allows, however unfair you may feel it to be. It's a tough spot, but one that most divorced mothers need to be aware of. Don't want problems in the future, so the best way is careful and methodical and making sure all your ducks are in a row before that interview. Knowledge is power.

Good Luck, hope this helps.
~SecretGarden






mrtravel wrote in message news:...
    > jan wrote:
    > >
    > > Yes you do need a letter of permission, I was told i did even though my son
    > > is 16. However my ex husband had only maintained minimum contact with my
    > > son over the previous 12 years ( we counted 14 visits ) and as he was
    > > reluctant to furnish me with a letter of permission a couple of friends
    > > stood in and wrote me letters confirming the lack of support and contact
    > > with my son which the embassy in London accepted.
    > > hope this helps
    > Ouch.. So, let's understand. Two letters from people attesting to this
    > will get a child's parent deprived of due process... not that you don't
    > have a legitimate issue, but as a non custodial parent, I would want
    > there to be something more required if my child's custodial parent wants
    > to move out of the country
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Old Oct 29th 2002, 3:56 pm
  #13  
Concierge
 
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Default Re: custody of the children!!

[SIZE=1]Originally posted by Marie
Ok so you are all saying that even though I have no intensions of
stopping his visiting rights or contact I still have to have his
permisiion to take them out the country in which he holds me
prisioner!!!!! we are most definitly NOT on speaking terms because
he is a controlling bully.. and this will just give him even more
control over me...
He works off shore, so sees the children when he can he is also in
a position where as his employer will fly him to wherther vere he
wishes when he has finished his shift of 4 weeks off shore.. .. so
PLease some one advise me what I can do here..?????
I sympathize with you and the fact that you had a controlling ex-husband but you must realize that as a parents there are two of you involved in your children's lives. And although he is not the custodial parent, you are, he still has court ordered visitation rights. Your relationship with your ex-husband does not enter into this at all. It is the relationship between the father of your children and your children and what the courts and the US Consulate decree. Sole custodial rights in many instances here in the US does not mean the custodial parent can move wherever they wish with the children. And this is regardless of whether or not the non-custodial parent sees them regularly and/or pays stead child support. It is their children as much as yours.

Sugggestion is find an immigration attorney familiar with US Immigration Issues or failing that ask your question of the US Consulate in Madrid and get the direct information from the horse's mouth.

As Secret Garden said, the fact that you have children together means that the biological other parent will always be a part of your life whether you like it or not.

Rete
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Old Oct 29th 2002, 4:07 pm
  #14  
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Default

Hi,
I filed in London with my 17 year old daughter.
I didn't realise that I needed a letter of "permission" from my ex-wife.
At the interview I received an RFE and had to go back with a letter which basically said
" To whom it may concern"
I give my permission for my daughter Katie to emigrate to America with my ex-husband, Roger"

Signed....ex-wife

I went back the following week without an appointment, handed them the letter and received my visa.
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Old Oct 30th 2002, 1:46 am
  #15  
Margaret
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Default Re: custody of the children!!

Perhaps you should be taking this issue up with the Consulate that you
are dealing with and questioning them. They are the ones requesting
the permission letter from the ex spouse. Some people here are merely
posting their experiences with the Consulate in this regard.

[email protected] (Marie) wrote in message news:...
    > Ok so you are all saying that even though I have no intensions of
    > stopping his visiting rights or contact I still have to have his
    > permisiion to take them out the country in which he holds me
    > prisioner!!!!! >
    > mrtravel wrote in message news:...
    > > jan wrote:
    > > >
    > > > Yes you do need a letter of permission, I was told i did even though my son
    > > > is 16. However my ex husband had only maintained minimum contact with my
    > > > son over the previous 12 years ( we counted 14 visits ) and as he was
    > > > reluctant to furnish me with a letter of permission a couple of friends
    > > > stood in and wrote me letters confirming the lack of support and contact
    > > > with my son which the embassy in London accepted.
    > > > hope this helps
    > >
    > > Ouch.. So, let's understand. Two letters from people attesting to this
    > > will get a child's parent deprived of due process... not that you don't
    > > have a legitimate issue, but as a non custodial parent, I would want
    > > there to be something more required if my child's custodial parent wants
    > > to move out of the country
 


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