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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1093
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am Thai but now a naturalized British Citizen and British

Resolved Question:

I am Thai but now a naturalized British Citizen and British passport holder, my daughter has Swiss / Thai citizenship and successfully applied for a Swiss passport via her biological Swiss Father-her Father has never had any contact with his daughter since birth and has never seen her nor paid any money towards her welfare. I divorced him (her Swiss Father) via the Swiss courts before i came to the UK and while i was still in Thailand (i did not travel to Switzerland to appear in court there), despite the Swiss court knowing of our daughter and the fact the Father had no involvement in her life no custody arrangements were made within the Swiss court provisions either sole or joint custody. My daughter is now here living with me for the past 2 and a half years. Can i apply for sole custody via the UK Court / legal system ?. The Father is not contactable and his whereabouts in Switzerland or elsewhere are unknown.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. I can confirm that the English Courts have a 'no order principle'. This means that they will not make any orders in respect of children unless an order is necessary for the child's welfare. Given that the father has not been committed to your daughter and he does not appear to be disputing that your daughter lives with you then the court will not need to make an order in your case to confirm that your daughter lives with you. This could change if the father sought to spend time with your daughter or sought to dispute that she lives with you, or that she should have been moved to the UK without his permission. If any of the above was to happen then the UK courts would likely consider matters and make an order to confirm that your daughter lives with you. The fact that the father doesn't seem to have been committed to your daughter for a substantial period of time wont help him in respect of wanting to spend time with your daughter. The father simply cant choose to come in and out of his daughters life as and when he pleases. But until / if ever any of the above happens the UK courts will not make an order to confirm that your daughter lives with you - as the no order principle would prevail - as the current position is not disputed. Please do not hesitate to ask if I can assist you further. Kind Regards ***** ***** kindly remember to rate positively so that we receive credit for helping you today.
Customer: replied 1 year ago.
Hi Caroline
Many thanks for your answer, i have read your reply twice (forgive me as English is not my first language) but i am still a little unclear. It is me that wishes to gain sole custody so that i may apply for a new Swiss passport for my daughter when her current passport expires, she could then hopefully gain permanent residence here in UK after 5 years and this could lead to British citizenship from there, i need to prove sole custody to obtain her a new Swiss passport. So can i make this (sole custody) in the UK or not given our circumstances.Many thanks
Nita
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Nita In your circumstances - The court may be satisfied that an order to confirm that daughter resides with you in order to deal with the passport issues. What you need to do first is refer your case to family mediation - there are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call. You have to refer our case to family mediation before you can apply to court otherwise the court will reject your application. As the location of the father is unknown - the mediator will likely consider that your case is not suitable for family mediation and they will sign the form that you need for court - so that your application isn't rejected. You can then apply to your Local Family Court using Form C100. Asking for a Child Arrangement Order to confirm that your daughter lives with you. The court fee is £215. You need to detail in your application that although you do not know the fathers location - that if you do not have an order to confirm that your daughter lives with you then you will struggle in respect of obtaining a passport for her. The court will likely then make the order for you. Please do not hesitate to ask if I can clarify anything for you. Kind Regards ***** ***** kindly remember to rate positively so that we receive credit for helping you today
Customer: replied 1 year ago.
Many Many thanks!So to clarify a Child Arrangement Order is the same as sole custody or it differs slightly ?, the Swiss embassy in London tell me i must have sole custody to be able to obtain her a new passport.I will now rate you 5 star, happy easter holiday!
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Yes the UK Family Courts only make Child Arrangements Order. The UK family courts can confirm that your daughter lives with you and spends that she spends not time with her father. Happy Easter to you too :-) Kind Regards Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
sorry Typo - The UK family courts can confirm that your daughter lives with you and spends that she spends NO time with her father. This is the same as the courts confirming that she lives in your sole custody. Kind Regards Caroline
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