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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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My son's father has not been involved in my son's life since

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My son's father has not been involved in my son's life since he was 1 my son is now 10 and has not seen his dad and dosent know him. The last I heard about his dad was that he had moved back to Africa how do I get full legal custody my husband has been in his life since he was 3 and is willing to also take legal responsibility of my son can either of this be done

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Was the father named on the birth certificate or were you married to him?

Customer: replied 1 year ago.
We were married and he was named on the birth certificate we have since divorced and there was no discussion about the child during the divorce as he had no interest in the child and also I'm looking to migrate to Canada which is the only reason I'm concerned about this now

Thanks for confirming. As you were married and the father is named on the birth certificate he has parental responsibility and despite not being involved for the last 9 years his parental responsibility remains. This means he has the right to be consulted and his consent is required regarding major decisions in the child's upbringing, including relocation to Canada.

In the circumstances I would suggest that you attempt to contact him to obtain his consent to relocate and obtain the consent in writing from him. If you cannot find him or make contact with him you can be exempt from the requirement to attempt mediation and you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a specific issue order (to relocate) and a child arrangement order (for residence) and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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