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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34108
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am looking on obtaining (or if I NEED to obtain)

Resolved Question:

I am looking for advice on obtaining (or if I NEED to obtain) a residence order. I am a single parent (1 child) father has never been present although is names on the birth certificate. I have never blocked access and indeed welcome it any time, he chooses not to. He has a child maintenance order pending, and as a result this has soured the relationship (which was never good to begin with). I travel a lot (for work and pleasure) and I know some countries require consent from the other parent (eg, US, Canada, South America etc). and I don't want our bad relationship to be a hinderence if every time I have to ask for "permission" to take my daughter away on holiday.
is it possible to get a residency order (simply stating that as she lives with me full time) that I have the sole responsibility of the child and am free to take her out of the country without his consent?
Or is there some other way?
Please help.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow old is the child and has he ever spent time with her?
Customer: replied 1 year ago.
Thanks
She is 3years old. He used to visit (for 2hours a time) every 2weeks or so. But very sketchy.... very little contact and never lived with him
Customer: replied 1 year ago.
btw he has never spent any time without me present.... (his choice)
Customer: replied 1 year ago.
Are you still there?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
sorry clicked on this as not sure if you are live (dealing with the question) and I should wait? Never used this site so not sure how it works...
Expert:  Clare replied 1 year ago.
My apologies for the delay - we have to work through our lists in order which can cause delays (especially as my typing skills are less than stellar!)Please also be aware that the site charges extra for phone calls!Are you worried about short visits - less than 28 days?
Customer: replied 1 year ago.
No no that's fine :-) just was concerned we got cut off now I understand the delay. No need for a call. Yes typically I am worried about short visits I would never be away longer than 3weeks
Expert:  Clare replied 1 year ago.
has he ever actually threatened to withhold consent?
Customer: replied 1 year ago.
no never. I've only thought about it as I have just booked a short break to Greece and a friend mentioned it.... and its the worst timing as (due to the CSA order) he has become increasingly difficult and hostile towards me....
Expert:  Clare replied 1 year ago.
Technically your friend is correct and you do need the consent of your ex to take the child abroad.However unless your ex choses to apply to the court for a Prohibited Steps Order this is not likely to be a problem unless you wish to emigrate.I am not aware of any countries that insist on consent for short holidays.However if you do wish to protect yourself you can apply for a Child Arrangement Oder stating that the child lives with you which mean you can take her put of the country for up to 28 days at a time without his agreement being required.To start the process you will need to attend a Mediation Informtaion and Assessment meeting with a Family mediator as this is compulsory prior to any court applictaionPlease ask if you need further details
Customer: replied 1 year ago.
Hi thanks for this. Do you have information/contacts for the Mediation/ Family mediator or can this be anyone (a lawyer/ Citizens Advice etc) and is there a charge for this? And I assume he will have to attend
Expert:  Clare replied 1 year ago.
You can find a local family mediator on the websitewww.familymediationhelpline.org.uk
Customer: replied 1 year ago.
thank you very much. I am happy to close this discussion.
Expert:  Clare replied 1 year ago.
I hope all goes well for you
Customer: replied 1 year ago.
Actually I have another question. If I can get him to agree to consent is it
Possible to get a consent letter written to cover all and any travel which he
Could sign and save me having to ask every single time?
And if so do you have any draft wording/ template I could use and also would o need to get this notarised?
Expert:  Clare replied 1 year ago.
To be frank it would be of little use - as I said it is only if he actually applies to the court for a Prohibited Steps Order that you will be prevented from travelling in any event.However a simple letter which states" I xxxxxx the father of xxxxxx hereby confirm that I have no objection to xxx, my daughter's mother, taking the child out of the country for holidays whenever she wishes."
Customer: replied 1 year ago.
will this have to be notarized?
Expert:  Clare replied 1 year ago.
Not necessarily - an ordinary witness is sufficient
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.