Travelling abroad with dd

[izziewizzie]

I'm travelling to Mexico next year. Dd has her fathers surname, but he is no where to be found.

The advice online is that I need written permission from the other parent to travel (the Mexican consulate says this comes into effect from jan next year, when we are travelling). Her dad has not seen her in four years, and although I have an email address for him ( no idea if its still active) if I asked for a letter he would refuse, and probably attempt to stop the holiday just to be an arse. Therefore I'm not prepared to ask. I don't know where he lives and he works abroad.

So do I write a letter as him, or will a birth certificate with my name and an explanation suffice?

I don't want to get there and have issues, it's only a 2 week holiday.

Thanks in advance

I think you have to take the consulate's advice. Can you make an appointment to go and see them or to call up an entry clearance expert? This must be a situation that arises quite frequently. Some countries have this rule when it comes to their nationals, but don't pay much attention when it's other countries' citizens. You need advice from Mexico as it will be Mexican officials taking the decision.

If the father has PR and you do not have a residence order you will be committing a criminal offence if you take your daughter out of the country without either his consent or an appropriate court order. Not being prepared to ask is not a defence. And you won't get a court order unless you have asked him and he has refused.

Having taken a look I don't think a birth certificate and an explanation will suffice. My understanding is that Mexico require a notarised letter from the father. That means it must be witnessed by a Notary Public to confirm that the signature is his, so forgery is not an option. The information on the Consulate's website appears to be incomplete and conflicts with information I have found elsewhere. If you have a residence order in your favour information given in other countries suggests they would accept that. Check with the Consulate.

Hmmmm. I found the information a bit contradictory as well.

The fact is if I actually can contact him, he will simply say no. For no reason.

If I was to go for a residency order would it be fairly straightforward and quick? He is highly unlikely to turn up/ respond to anything. I am going end of Jan, so I need to sort something.

Am going to ring the Consulate today.

It's ridiculous he can leave, not support her, never see her again and I can't go on holiday without his permission!

i you think he wont turn up or repsond then file for a residence order to establish the de facto situation - ask a solicitor to correctly word the application. he will be given chance to repsond but if he doest and you have made all efforts to contact him then pesumably judge would grant the order ?

The courts will only make an order if it is necessary to resolve a dispute. In this case residence is not in dispute so the OP is only likely to get a residence order if she can show that her ex is being obstructive over holidays and that she therefore needs the freedom to take her daughter out of the country for up to a month without his permission. If she refuses to contact him because of her belief he will say no she may struggle to convince the court that an order is necessary.

I don't have a residence order and I don't ask my ExP's permission to take my DD on holiday either. It's never been a problem. For a start, how do the other countries know whether the father has Parental Responsibility or not? They don't if the child was born before 2003.

An increasing number of countries are tightening up and want evidence that you have the consent of the other parent or an appropriate court order before they will let you in to the country. Mexico is one such country. I believe Canada is another. And if you don't have the consent of everyone with PR or an appropriate court order when you take your child out of the country you are committing the criminal offence of child abduction.

Just to update

I spoke to the Consulate, who suggested a solicitors letter, stating I am the mother and that my ex has nothing to do with her, translated and notarised.

I don't trust that suggestion, so I have changed the holiday date to January, as there is a freeze in place on the entry regulations while they bring in the new and stricter ones. Up until 24 Jan I will not need anything, after that its a lot more tricky.

I will however take her birth cert, but the Consulate (and their website) confirms this freeze to be true for the moment. Their website states that you will need nothing for entry, after 24 Jan you will need a court order or notarised letter of permission.

Meanwhile I will start the papers for residency, as once I am married I will also want to change her surname, so seems easiest to tie it all up at the same time.

Sadly getting permission is not, and will not ever be an option for us.

Thinking about it, when I went to France, I had a lot of trouble getting dd back into the uk. I spent ages showing photos of us together, to convince the British man at passport control to let me back in with her!

It's ridiculous really that no one can compel him to give his wage info so that an assessment can be made for maintenance, but I need to ask him and give him the power to wreck my plans, before dd can have a holiday!

You've given me food for thought izzie and I too will be applying for a residence order just to be on the safe side.