Help please - I need a very good family solicitor in Surrey / Sussex for a PR court order!

[MissSusanStoHelit]

Here's what has brought me to this point - I have had numerous threads about XH's violent and threatening behaviour, and as a result of SS and police advice he has not seen DD since January 2013.

We have South African connections and travel back to SA regularly (2-3 times a year) to keep in contact with both families - mine and his, as I don't feel his parents should have to suffer for his behaviour. Apart from the odd Skype chat, DD has no contact with her natural father at all and whenever I have approached him he has been aggressive and nasty, so I don't speak to him at all anymore.

This is going very well however the SA immigrations rules are changing on 1st June and they now require the below. I have the birth certificate and he has done affadavits for me in the past but the last one???

(a) Where parents are travelling with a child, such parents must produce an unabridged birth certificate of the child reflecting the particulars of the parents of the child.

(b) In the case of one parent travelling with a child, he or she must produce an unabridged birth certificate and-
(i) consent in the form of an affidavit from the other parent registered as a parent on the birth certificate of the child authorising him or her to enter into or depart from the Republic with the child he or she is travelling with, dated no less than 3 months before date of travel;
(ii) a court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent or legal guardian of the child;

If I'm reading this right, I need a court order showing that I have FULL parental responsibility to take her into the country AS WELL AS the affadavit of consent - even though, as her mother, my PR is automatic. Is this right?

If this is the case, I will need to take XH to court to get full PR and it will be very, very nasty... he will be vicious and personal and it may well backfire, as my previous solicitor (who was really wishy-washy) told me that because WE stopped contact, even though it was advised by SS and police, the judge could reinstate it if he feels XH has the right to see her.

So, thank you for reading this far - what should I do? If I need to go the court route, to satisfy this criteria, can anyone recommend a very good, strong family solicitor who has a track record of fighting (and winning!) these sorts of cases? I don't qualify for Legal Aid as the DV involved was too long ago, so will have to fund this myself. It's going to be very expensive...

[HeadDoctor]

You already have "full" PR.

I read it as you need one or the other. If you have a residence order (or CAO stating the children live with you) that may be sufficient but I would check. If you don't have a residence order then you need either his permission or a court order regardless of SA rules.

[MissSusanStoHelit]

It makes sense that you only need one of the three things - after all, how would you get a recent affadavit if you have the death certificate from your partner who passed away before that?? ANd surely if you have a PR order, there would be no need for an affadavit?

The problem is that the immigration officials are being instructed to immediately deport anyone who doesn't have the correct documentation - and the directive is not clear so I'd rather not take the chance. If only they'd put an "or" after point (b)(i)... sigh...

[HeadDoctor]

Can you not call the SA Embassy? I'd imagine they would know the answer.

[HeadDoctor]

But still - if you don't have a residence order in your favour then you still need your ex's consent.

[MissSusanStoHelit]

I've tried... they're renowned for not answering their phones - ever. No email address to contact either! I may have to take a trip up to London next week and try get an appointment in person.

[MissSusanStoHelit]

Consent is not a problem - he has signed affidavits for me in the past with relatively little trouble, as long as I tell him we'll see his family while we're there.

[MissSusanStoHelit]

OK I've just had clarification from an ex-colleague who now works for SA Tourism. It IS two of the three that you need (as crazy as it sounds!!) so I will need to get a court order. Can anyone recommend someone who is really good?

[MissSusanStoHelit]

Anyone?

[crabbyoldbat]

If its two of the three, surely you have that - a and b(i)?

[prh47bridge]

ConnortheMonkey is correct. You already have PR. You cannot get a court order to get something you've got already. You need to talk to the SA Embassy and find out what they really want. It would make sense if they want the birth certificate and a signed affidavit.