How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34123
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

And , I want to apply foe a sole custody order children

Customer Question

and Hi, I want to apply foe a sole custody order for my children age 9 and 7. I wasnot married to thierfather and we last saw him in 2008. reason for this order is for holiday purposes. most embassies are requesting a sole custody order for the children
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
You can make this application for a child arrangement order for the children to live with you under form C100 to your local family court. However, the father will need to be served with this application if he is named as the father on the birth certificate. Prior to issuing the application you will need to satisfy the mediation criteria by attending a mediation information and assessment meeting to see if mediation is suitable - you can find local mediators here: familymediationcouncil.org.uk
Furthermore, the court may consider whether it is in the children's best interest for there to be such an order.
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
hi thanks for your reply. The children already live with me. he left 2008 before the second child was born and so he is only named on the first child's birth certificate and not on the second child. we don't know his where about. its been over 7years we last heard from him. how will they serve him notice. thanks
Expert:  Harris replied 1 year ago.
Thanks. You will need to instruct a tracing agent to find where he is living (for example: http://www.traceadebt.com/). The court will not make an order unless you demonstrate you have exhausted all attempts to serve him or make him aware of the application as he has a right to be involved in the proceedings.
Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** I have been a Family lawyer for more than 30 yearsThere is in fact no longer any such think in the Uk as Custody - sole or otherwise - not are Residence Order made any longer.The Order that my colleague is suggesting is a Child Arrangement Order which would state that the child lives with you - however since there is no dispute about that there is no reason for the Court to make such an Order - making holiday's easier is unlikely to be a good reason UNLESS you can give very specific details of a visa you have been refused on the basis that you do not have a court order - backed up by the paperworkI say Child because the fact that the father is not named on the birth certificate of your younger child there is no reason for any order being made at all since no one else has Parental Responsibility.Clare
Customer: replied 1 year ago.
Hi clare,
Thanks for the reply. I havw tried to apply for a visa to Dubai and they want a letter from their dad or a court order. I really dont know what to do. Also most embassies are asking the same. Is there any other way to prove that im the only one responsible for the kids..maybe affidavit. Thanks
Expert:  Clare replied 1 year ago.
Was that for a holiday visa or to move there?