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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33301
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am a UK citizen, divorced, non-resident father of a 14 year

Customer Question

I am a UK citizen, divorced, non-resident father of a 14 year old girl with joint parental responsibility. She resides with the mother in England with my two of my other sons. In 2010, my ex-wife abducted my children to the UK from Singapore where we had resided for 10 years. After UK High Court proceedings for a return we agreed that the children would stay in the UK under firm set of undertakings and orders. All aspects of these High Court orders are ignored by my ex-wife. I have a critical problem for my daughter. She was born in Indonesia, adopted by us in Singapore and is of Indonesian citizenship. She has permanent right to remain in the UK. My ex-wife refuses (after 3 years now) to complete the application for XXX's citizenship for the UK. Her Indonesian passport expires in May as does her current UK visa. My two other boys passports expired 18 months ago and she refused to have them renewed. In 2011, the High Court ordered:
"Both parties undertaking they will forthwith take all necessary and further steps to ensure that XXX's application for indefinite right to remain in the UK is secured and further that XXX's application for UK citizenship is processed as soon as possible"
And:
"Upon the mother undertaking to ensure that the passports of YYY and ZZZ (and XXX when she arrives in the UK) and/or any required visa for the UK, do not expire and are renewed in good time to their expiry".
I am extremely concerned about my daughters future status and papers. How can I resolve this to secure her citizenship and ensure the co-operation of my ex so her passport does not expire? My ex-wife point blank refuses to co-operate. The fact she abducted the children illustrates the degree of difficulty. I am unable to afford vast sums of money for legal costs. Any right minded parent would simply complete the application form. She won't.
Please advise
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What steps actually need to be taken to deal with the matter and secure citizenship?
Clare
Customer: replied 1 year ago.

Hi Clare,

I simply need her to complete the citizenship application form (which has been sent to her fully printed out), sign it and have two of Natasha's teachers write a very short reference and counter sign. The fees are £600 which I am happy to pay. I then need to counter sign the complete application. The ex is in Yorkshire and I am in Asia otherwise I would take to the teachers personally.

I hope that is sufficient. If not please just ask away..

Thank you

Chris

Expert:  Clare replied 1 year ago.
Hi
Are you able to speak to the teachers by phone and confirm what is needed?
Clare
Customer: replied 1 year ago.

Hi Clare,

Sorry for the delay replying. Yes I can talk to the teachers - but then what? It still does not secure the ex-wife's signature on the application. Please advise.

Thanks

Expert:  Clare replied 1 year ago.
Hi
The reason for making sure that the teachers know what is required - and indeed sending them the forms yourself to get them completed is that you cannot force the teachers to deal with it - but the court can force your ex to sign it
So you need to send the form to the teachers yourself and get it completed by them.
Then you need to make an application to the court to enforce the Undertaking by way of her signing the application form
This is done using a form C100 and asking for a Specific Issue Order that she sign the form.
If she then refuses you can go back to court to enforce the oRder and ask for her to be imprsoned for contempt of court if she continues to refuse to sign.
I hope that this is of assistance - please ask if you need further help
Clare

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