The law with Children???

lor · Posted: Sun May 09, 2004 8:27 am Post subject: The law with Children???

Hi,

everything was going so well, we had interviews lined up, the house was sold, and we were all very much looking forward to our future move, and then my nasty ex partner showed his ugly head and has informed me I have to get his consent to remove my son from the Uk?? Please can anyone tell me the law regarding this. My son is 6 years old and has had no contact with his biological father since he was 18 months old, he has never paid me any maintenance towards his up-bringing and has had no access to him, he has never tried to see him and has had no contact at all for all these years. I married a great man 4 years ago and we have 2 more children together, my husband has took on my eldest boy as his own. I have booked an appointment to see a solicitor regarding this situation but really am very unclear if he has any rights?? I was never married to him but his name is on my sons birth certificate, I always thought I had full parental responsibilty but it seems I was wrong, and although he has had no contact with him, he seems to be able to stop me from moving away from the UK with him. If anyone else can shed any light onto this matter it would be much appreciated.
We have now took the house of the market, untill we are sure that what we are doing is legal, we all feel a bit upset really, We were all looking so much forward to having a new life in NZ but within a week everything seems to have changed!! Oh well, these things are sent to try us!!

Thanks for any advice.

veronica · Posted: Sun May 09, 2004 10:11 am Post subject:

I understood the same as you that if you weren't married then they have no legal rights. Is it possible for your new partner to legally adopt the littl'un.

minnieuk · Testing The Water Joined: 27 Apr 2004 Posts: 5

I'm no lawyer but I do know some people who have been in a similar position and this is what I know.

Did you sign a Parental Responsibility Agreement or did he apply to the court for a Parental Respnsibility Order? If he did then he can have a say in whether you take his son abroad - he cannot necessarily stop you but you may need to go to court to establish your right to do this. If he does not have either of these then he cannot stop you taking your son abroad.

He could apply for an order in which case the court would have to look at the current situation. They would not make such an order if they felt it was not in the childs best interest so it is highly unlikely they would do so in your case because your son is part of a secure and established family with brothers and sisters.

Hopefully your solicitor will be able to put your mind at rest.

lor · Posted: Mon May 10, 2004 4:57 am Post subject:

Thanks Veronica / Minnieuk, Adoption is something which we have been considering. He has never applied for a parental responsibility order so I am hoping fingers crossed

that he has no rights regarding him. Will post a message on the forum when I have been to see my solicitor. Thanks for the feedback

Dave G · Posted: Mon May 17, 2004 1:43 am Post subject:

lor

My wife and I are in a very similar situation. Our daughter Laura is from my wife's previous marriage and her ex was adultorous

during her birth.

Since the divorce he has had no contact nor paid any maintnence.

When Laura was 2 I came on the scene. We married and have since had another child (Kieran).

Via our solicitor we requested that her name be changed to the new family surname. Also, as I was a serving soldier based in Germany we also had to get permission to take her out of the country during my service with the forces.

Basically, her ex had to sign a document agreeing to the name change and to take her to where ever I am posted during my time in the army which he did do without any questions. This was 8 years ago!

Now we are very close to going to NZ but are in a similar position again.

The coursts are reluctant to let me adopt as it cuts ALL ties with the father AND his relatives. Talking to court officlias was a complete waste of time as they pass you to one department to another and they then say "Oh, the judge won't like this" and "the judge won't like that".

So, we're going down the same road as we did 8 years ago.

This is due to start at the end of this month. Get the porch fixed and then the house is on the market.

I see no reason for her natural father to object otherwise we threaten with the CSA!

For anyone's interest, I am an IT professional with industry qualifications and more than 5 years experience. I am getting a firm to arrange a job and work permit (££££'s), then after a year or two depending on the points, apply for PR.

Keep us all informed lor what happens as I will.

Good luck everyone! fingers crossed