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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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much of my 10 life with my ex was spent with him doing a disappearing

Customer Question

much of my 10 life with my ex was spent with him doing a disappearing act. The longest time was 2 yrs. Now apart for 3 yrs and divorced for 2 thing are no different. My daughters visitations are little to none. Currently he has been out of the area for 9mths; as always no warning and no contact info. I want the freedom to know I can take my daughter on holiday or make any major decision concerning her ( say an operation) or even emigrate in the future should I wish. At the minute I cant book a holiday because I ve no way to reach him! I THINK I WANT FULL CUSTODY & PHISICAL?..WHAT IS IT I NEED TO DO & HOW DO I GO ABOUT IT. I had to wait for him to come back to the area to get the divorce he signed readily and I think he would again.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question, I shall do my best to assist you but I need some further information first.
Has your ex ever attempted to stop you from taking the child abroad on holiday?
Claire
Customer: replied 3 years ago.


No ive not as yet asked or tried.

Customer: replied 3 years ago.
Relist: Other.
you say she may be off line
Expert:  Clare replied 3 years ago.
Hi
As things stand your child is resident with you and it appears that your ex is not challenging this.
This means that you can take all the necessary decisions in the child's life.
Technically you are meant to consult with your ex on any major decisions - but if her is not interested and does not ask then there is no need to do so.
Equally whilst legally you do need his permission or the permission of the court to take the child abroad on holiday if he is not around to either ask or take action to prevent you from going away then there is no reason not to go.
If you are very concerned about that position then you can apply to the court for a Residence Order which would allow you to take the child out of the country for up to 28 days at a time .
However you woudl still need either his permission or an order of the court if you wished to move abroad permanently - and you woudl still have to consult him on major issues regarding education and health if he is ever around to ask
That being the case there seems little point in bothering with a Court application which will not achieve anything currently at risk
Claire
Customer: replied 3 years ago.

That is the problem I don't want to wait till im ready to emigrate to have the problem or if she needs to change schools.. by the fact that I never know where he is it would cause a problem. I changed back to my maiden name and getting her a passport will also cause problems as he would need to sign forms at passport office..again as I don't have contact info for him I have to wait till he gets hold of me... I don't want this uncertainty around us I had ten yrs of it. Is it poss I could do up a binding document for him to sign when he turns up relinquishing all resoponsibility?

Expert:  Clare replied 3 years ago.
Hi
I am sorry but if the father is named on the birth certificate then he has Parental Responsibility and there is nothing that he can sign that will change this
You do not need to find him to change schools - the only point at which you would have to do something is if you wish to emigrate - and as I said there is no order you can get now that would prevent you from needing to apply to the court if you cannot find him to ask his permission.
However it woudl be wise to get the passport form signed next time he is around
Claire
Customer: replied 3 years ago.

Yes and that is the problem I can foresee in the future... I thought If could get sole or phyisical custody in place he could sign it when he next turns up...I do not have the freedom to take her abroad, I could not get a visa for her without his consent the problem would crop up every time, every time we wanted to go anywhere we wouldn't be able to. As it is I have to wait for him to get her a passport. So I am happy to try and get things in place for a for a better outcome.

Expert:  Clare replied 3 years ago.
Hi
Which country do you need yo get a Visa for for a holiday visit?
Claire
Customer: replied 3 years ago.


I have a sister in the states (new York-long island) and a cousin in Australia. I really want to visit my sister and its on my mind more and more but I am waiting to sort her passport one way or another...etc

Expert:  Clare replied 3 years ago.
Hi
Do you actually need his signature for a visitors visa to either country?
Claire
Customer: replied 3 years ago.


I have been told yes and definately for passport. Thank you for you assitance far. Have a gd eve.

Expert:  Clare replied 3 years ago.
Hi
You will only need his signature for her first passport - so the next time he is around make sure he gives it.
You may find that a Residence Order will help you in obtaining a holiday visa - although in fact so far as I am aware it is NOT necessary for holiday visa.
If you wish to apply for a Residence Order then you will need to make an application to the court on a form C100 and pay the fee of £200
It will NOT mean that you can emigrate at any time in the future without either his permission or the permission of the court
Claire

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