I have legal residency (custody) of my 2-year-old son, and would like to move abroad with him next year. However, according to the immigration regulations of many countries, I must have proof that my ex-husband consents to this. I understand why this is neccesary, but what if the father's whereabouts are unknown (I haven't seen my ex-husband in over a year)? And what if the father objects for no good reason? Is there any way around this? Information on this subject has been difficult to find, so I'd appreciate any advice :)
2006-10-30 01:05:04 · 11 answers · asked by pieppiepverrassing 1 in Family & Relationships ➔ Marriage & Divorce
I have been in touch with several embassies (Argentina, Cuba, Mexico) and have been told that I can't enter even if I have a job. The lawyer who handled my divorce and custody is of no help. And if my ex-husband was found, he'd probably refuse to co-operate as he's very malicious... Thanks for the answers so far!
2006-10-30 01:19:18 · update #1
Tricky one that/
2006-10-30 05:33:09 · answer #1 · answered by Anonymous · 0⤊ 0⤋
the reason most countries are now requiring prove of consent is because of the number of parental kidnappings that have taken place. there is no way around it , it will have to be done in most cases legal residency does not prove custody, your divorce order laying down the rules and terms might be enough if you are entering a friendly country, the easiest way to find out is to contact the local ambassadors office for the country.
2006-10-30 09:12:26 · answer #2 · answered by redsyoungstud 3 · 0⤊ 0⤋
If you cannot trace your ex-husband's whereabouts then you can apply to the courts for permission ..... however it would be in your interests to show that you have used all avenues and facilities available to you to try to find him and seek his permission ..... it would also be in your interests for you to prove to the courts (and your ex husband if he reappears) that even if he doesn't give his permission - it is in your son's and your own interests to move abroad .... if the courts were to grant permission, you may find that it is with the proviso that you husband should be given reasonable access to your son should he reappear or potentially reappear .... which might mean being legally bound to revisit the UK every 3 or 6 months to allow access, or it might be making every effort to facilitate your ex husband's ability to visit his son ..... there are a large number of factors and variables that could influence a court's decision and the only person who could give you solid and accurate advice in this is a solicitor .... look for one who specialises in emigration/immigration .....
good luck
2006-11-06 13:43:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You have to explain to the courts why you want to move abroad. I believe if your going to get a new job there or if someone is sick that is the only way. You need to mention that you can not find him either. If they do find him and he does not consent then your out of luck. Only if its an emergency or a career movement you can then move abroad. I am sorry. if you need any further help find me on yahoo messenger.
2006-10-30 09:14:03 · answer #4 · answered by shyhonney 4 · 1⤊ 0⤋
You need to get court permission. Since you aren't able to locate your ex and he's not been active in your sons life,... you're chances are good. But I believe there are steps to take in order to prove that you attempted to find him before it will be granted.
2006-10-30 09:18:49 · answer #5 · answered by just_me3575 3 · 0⤊ 0⤋
as far as i am aware if you cannot trace your ex you can apply through your local courts and a judge can make the decision for you. get a good solicitor who deals in family law and you'll do fine.
all the best. hope you get it sorted out.
xx
2006-10-30 09:18:45 · answer #6 · answered by Cubangirl 3 · 0⤊ 0⤋
See a lawyer
2006-10-30 09:15:03 · answer #7 · answered by Anonymous · 1⤊ 0⤋
place an ad in the paper saying you've won the pools and need to contact your ex, he'll be there.
2006-11-06 17:01:29 · answer #8 · answered by polly a 2 · 0⤊ 0⤋
you should go see a solicitor right away. They would need to try and trace your ex.
2006-10-30 09:07:14 · answer #9 · answered by Jovi Freak 5 · 0⤊ 0⤋
sounds difficult citizens advice might be able to help
2006-11-04 16:33:09 · answer #10 · answered by kitten6444 4 · 0⤊ 0⤋