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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 1038
Experience:  LLB (Hons)
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Assistant: How can I help? I have applied for south African

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Hi
Assistant: Hello. How can I help?
Customer: I have applied for south African visas to travel with my children whose father has never been present in their lives not on their birth certificates and never contested for custody. The embassy has come back to me and said that they require a court order to say I'm the sole responsible parent for these kids and the process for a judge to hear my case takes 8 weeks I need advice on this
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No because I'm confused as to why I need to do that if I've never been contested
Assistant: Have you talked to a lawyer about this yet?
Customer: I have and he has said that he will draft a letter addressing it to the embassy not knowing if it will suffice
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No that's basically my enquiry

Hi, I'm Lea and I have reviewed your query.

Are there any court orders in relation to the children for them to have contact with their father?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 9 days ago.
No we have no clue where he is and he has never contested custody or requested access to the children

If he is not named on their birth certificates and there is no order saying he has contact or parental responsibility, then you do not need his consent or a court order to obtain visas for them as you are the only person with parental responsibility for them.

 

However, it is a near impossibility to argue with goverment visa services, you have to comply with whatever they require.

 

An order in the type that you want should not take 8 weeks - if you are planning to travel imminently you can apply for an urgent specific issues order to state that you are the only person who holds parental responsibility for the children.

 

You can do so on form C100, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734888/C100_eng_0818.pdf

 

The cost is £215, unless you are on a low income or benefits, in which case you may be entitled to fee remission, see here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/634329/ex160-eng.pdf

 

By ticking that you want an urgent hearing, you should be able to get into court within a few days to a week.

 

Does that assist?

Can I check that you received my response and that it answered your query?

Customer: replied 9 days ago.
Hi so sorry for late response I'm trynna do 3 things at once I have received your response and I have found it extremely helpful... But it has not taken the fear away that I could potentially travel without them because of this

If you make the application as a matter of urgency, you will get a hearing very quickly. THe court will simply be confiming what you already know - that you are the only person with PR, so it should be a very quick matter to deal with. Make sure you produce the children's birth certificates at the hearing as that is proof that their father is not named on them and doesn't have PR that way - and so long as you were not married to him he would not have acquired PR except via a court order.

Customer: replied 9 days ago.
Thank you

You're welcome.

 

Please take a moment to rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. Thank you.

SASH_Law and 2 other Family Law Specialists are ready to help you
Customer: replied 9 days ago.
I definitely will do many thanks once again x

All the best.