My husband has been offered work in Australia which is a great opportunity for us all as I want to give my child a better life, but we need approval from my daughters father which he will not give! He never sees my daughter as the courts say he has an uncontrolable temper and asked him to do good parenting classes which he refused by saying he dosnt ever want to see his daughter again! He refuses to pay child support for her yet he can still control our lives!!! has anyone else had this problem or can advise me a way forward maybe. Thank you
2007-03-06 00:17:21 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I really feel for you as my ex is using our daughter as a weapon against me aswell. Have you tried getting his parental responsibility removed by the court as he hasnt been in regular contact with your daughter.
Hope it works out for you x
2007-03-06 00:23:48 · answer #1 · answered by kitten3062000 2 · 4⤊ 0⤋
This is always a difficult issue. It is sensible to seek the agreement of the other parent before taking a child abroad. Parents should be reasonable about this and provide the other parent with plenty of notice. Remember to always act in the best interests of the child. If the resident parent has a residence order, they are able to take the child abroad for up to a month without the consent of the other parent. If they intend to take the child for longer than a month, they will need written consent of every person with parental responsibility.
If parents are unable to agree about a decision concerning the upbringing of their child, they could try family mediation.
The aim of mediation is to lessen conflict and to try to resolve disputes amicably. The process of mediation differs throughout the country, in some mediation services parents are seen separately and then they are bought together to see if they can reach a compromise. In other mediation services the parents are seen together, sometimes with their solicitor or a representative present.
If the decision is something that cannot be compromised then either parent can apply to the court for a specific issue order. This order is effectively asking the court to make the decision on behalf of the parents, the decision will be based on what the court thinks is in the best interests of the child.
2007-03-06 09:16:15 · answer #2 · answered by stephen.oneill 4 · 0⤊ 0⤋
You have so much on your side, as the courts have refused him parental rights on being such a rotten father. That is your weapon. Get a good lawyer, the records held on him should (hopefully) be enough. He would have to prove he has good reason to refuse, and he can't.
If your husband adopts your daughter, there will be nothing to stop you. You could always do it the sneaky way, and find a route to get there before he finds out what is happening. What are they going to do, extradite a child under such circumstances? By the time they have conducted all the legal paperwork, she will be old enough to voice her own opinion.
You don't say how old she is by the way, courts do listen to children, and you have every chance of winning.
Good luck in your new life. I wish I knew people who would give him a good beating!
2007-03-06 08:42:23 · answer #3 · answered by Thia 6 · 2⤊ 0⤋
Contact a solicitor that specialises in family law, or your local Citizens Advice Bureau. Its cr@p that the law is designed like this. It may be a good idea as well to see about your husband adopting your daughter, as then you dont need the Ex at all for anything. And it sounds like she would be better off without any contact as well.
Good Luck
2007-03-06 08:22:36 · answer #4 · answered by Mas 7 · 2⤊ 0⤋
you must motion the court to leave the country with your child. The judge if he is fimilar with him not seeing the child or paying child support then there is a good chance they will let you leave. If you do not need the child support ask ( and you say he is not paying it anyway) Tell him if he gives up his parental rights then you will not pursue child support against him. Good luck!
2007-03-06 09:02:09 · answer #5 · answered by Toolegit 5 · 2⤊ 0⤋
Yes, he has to sign the permit for your child to go. And he will, undoubtedly, ask you to pay for it! So, you should pay him and go, it the one way.
The other is to go to court and revoke his paternal rights on the grounds of non-payment of child support and never visiting the child. That will cost money, too!
And there is a middle way: go to court, fill the forms, then tell your ex about it, and ask for a signed permission; in exchange you would stop the court proceedings.
You will need a lawyer any way.
2007-03-06 08:20:09 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Get a lawyer and ask the court for permission. If the courts grants it, which I expect they will based on what you told us, you no longer need his approval.
2007-03-06 08:24:23 · answer #7 · answered by open4one 7 · 3⤊ 0⤋
Go and see a lawyer, they should be able to sort something out. Have a good life down under all the best
2007-03-06 08:24:34 · answer #8 · answered by Janet C 2 · 3⤊ 0⤋
you need to take him back to court...if he was ordered to take the classes and didn't ...and doesn't pay child support or even attempt to see his daughter...the court should approve the move.
2007-03-06 08:28:20 · answer #9 · answered by Robert P 6 · 3⤊ 0⤋
You need a good family attorney to petition the court.
2007-03-06 08:25:51 · answer #10 · answered by ne11 5 · 1⤊ 0⤋