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Moving to another country

3 replies

2crazybeautifulboys · 12/12/2011 10:43

hi everyone this is my first time but just wondering if anyone knows anything about moving to another country with children?

In brief I am separated from my boys father and he has zero contact although I did try so hard to keep a relationship between them. Now I am considering moving to U.S but not for a good few years yet.....does anyone know if I would need permission from the man who has no use? He is on the birth certificate but as I say has no contact.

Thanks!

OP posts:
prh47bridge · 12/12/2011 13:06

If the births were registered in England or Wales and his name went on the birth certificate since 1st December 1993 he has parental responsibility. If he has PR you need his consent to take your children out of the country in this way. If you have a Residence Order you can take them out of the country for up to a month without his consent. In the absence of a Residence Order you need his consent to take them out of the country at all, even for a holiday (and that includes letting them go out of the country with other people).

If he refuses to consent you can go to court for a Specific Issue Order to sort it out. You can't get an order now on the basis that you might move some time in future. You would need to wait until you were actually planning to emigrate and he was objecting.

Given that he has no contact I would be surprised if you failed to get an SIO should it be necessary.

mumblechum1 · 12/12/2011 15:07

I think PRH did a little typo there, it was 2003 not 1993 when the automatic PR for dads on birth certs came in.

Other than that, what PRH said. Smile

prh47bridge · 12/12/2011 15:37

Oops! Obviously trying to do too many things at once! Smile

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