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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am an Asian woman. I separated from my partner 10 years

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I am an Asian woman. I separated from my partner 10 years ago because of domestic violence and moved away. I have no contact with him, neither have knowledge of his whereabouts.
My child now 11 yrs has a British Passport. However I wish to get a court order re sole custody and permission to travel without his consent. Will I be able to pursue this not having any details about him?
Hi, thanks for your question. I am a qualified family law solicitor.
If he has parental responsibility (either if you were married to him at the time of the birth, or if he is registered on the birth certificate as the father) the court will seek that you make efforts to find him once an application has been issued so that he is aware of the application. There are services, such as tracing agents, who are able to find people using their basic details and last known addresses. If the tracing agents are unable to find him then the court will need to be informed and the court can make an order to dispense with service and proceed with your application without his involvement.
However, I wish to make you aware that if there has been no contest to the current arrangements, the court may not make an order regarding custody as the court has to take into account what is called the "no order principle", which basically is the court considering that making an order is better for the child than making no order at all.
Hi, this question remains open. Please let me know if you have any further questions. If not and you found the the information provided helpful please could you rate my response positive so that the question can be closed.
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Customer: replied 2 years ago.
Im sorry I didnt understand the payment system. I have read around the subject now and do not want to incur any further costs. Thank you for your initial response