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child support maintenance


Debra
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Parental consent was one of the 'Fathers for Right' issues.

Until 2004 only mothers had automatic parental consent ie the legal right to decide on religon, education and health.

It used to be a simple matter for a father to get these right if the mother agreed but if she decided not to have the father on the birth certificate for whatever reason then the father could face real problems securing any legal status with his child/ren and still be liable for CSA.

Fathers automatically have equal rights with babies born since dec 2004.

Your hubby needs to check he has these rights.

Again if the mother does not respond then it's automatic.

We went through a CAFCAS report.

The boy had been living solely with me for some months and legally I had no rights over him if, for example if he had been ill and a doctor needed consent to operate then only his absent mother could grant this.

So when I went to apply for parental consent and mentioned that drugs were involved they suggested a residency order as well just incase she decided to take him away to someplace where he might be in danger.

He was only 2 at this point.

his action generated interest from CAFCAS so a report was done with interviews for each of us.

She was honest with the officer and explained why she could not cope.

But then in the middle of all this I came here on holiday and bought a house.

So I returned to UK with a court date set 3 days before house completion date in France and a property to sell fast in UK.

I then needed a jurisdiction order as well.

Crazy 3 months but we made it just before the market crashed in the UK.

I got the court orders and left UK the same day!

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I had a rather pressing schedule during that period so I told the CAFCAS officer that I was leaving on a certain date and needed the orders fast.

In the circumstances my boy had to come with me whatever the courts did as his mother was not prepared to care for him so they got things moving fast.

Kick some arse and make it happen when you want.

Do you have a solicitor handling the application?

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I'd highly recommend getting a solicitor especially if he has one.

His guy could be advising him to use tactics to mess things up for you

It only cost me 120 Quid which seems a lot but he gave me such confidence as I'd never been involved with the courts or CAFCAS before.

My guy went through the application then delivered by hand with me to the courts in order to get the date I needed. Absolute life saver.

If you live anywhere near Leicester the I'd recommend Dews Whitcombe on London Road.

Solicitors really help in these situations to get past the emotional content of the whole deal.

Once again Good Luck.

Where are you moving to?

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  • 10 months later...
Hi,

We are considering a move to France, I also have children from a previous marriage. From my research about removal of the children from the jurisdiction I can only find that the 'agreement' of the other parent is required. My question is what form does this agreement have to take? Does it have to be on paper? Also is the agreement required for any of the paperwork needed to move?

Thanks in advance for any help you may be able to offer.

Katy

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Hi Katy

I got an removal from jurisdiction order  which  states that I and the mother agree to our son living in France but not outside france or england to protect her access to him.

We went to the solicitor together to discuss the options then drafted a statement setting out access arrangements. Um that might have been part of the residency order.

I got all three at the same time. The solicitor saved my life!

You don't need these things until you need them if you see what I mean.

If suddenly I got a job in Hollywood then I would have to clear it with his mother which is reasonable.

If she moves to France then she wants to know that I do not oppose her access etc.

It's a safe-guard for both parties.

However as soon as you've been here for 6 months and your kid is registered here at school etc. then they come under french law.

I would not mention this to the other parent as it's a can of worms that can only work in your favour.

There have been cases where under UK law a parent had the right to demand their child return to UK for good but under french law the fact that the child was bi-lingual and had established a well integrated life in France carried more weight.

A good family solicitor that deals with international custody cases is worth their weight in gold. They know exactly what you need to protect your legal issues internationally.

£120 was what I paid for 2 hours of his time.

Good Luck

Jim

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Thanks very much Debra,

I agree with your comment about avoiding the courts if possible, in fact I think we have decided that if my ex will not agree we will probably not go. Our children are 11 and 12, they are at the moment quite happy with the idea of moving but I feel this could all change if their dad does not want them to go (emotional blackmail is his strong point!!). I would hate the idea of having to force the children to move.

Thanks again for your advice,

Katy

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