# Fathers permission to emigrate?



## Qckev (Jan 4, 2011)

Me and my partner plan to move over to canada from england. She has a child at the age of 8 to another ex partner. she has had no contact with him from the age 2 yrs old because he was abusive and violent towards her. Can you tell me if she needs permission off her ex partner so we can get on with are move to canada.
regards 
kevin


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## Auld Yin (Mar 10, 2009)

Qckev said:


> Me and my partner plan to move over to canada from england. She has a child at the age of 8 to another ex partner. she has had no contact with him from the age 2 yrs old because he was abusive and violent towards her. Can you tell me if she needs permission off her ex partner so we can get on with are move to canada.
> regards
> kevin


Yes, she need his approval or a court order giving her permission to remove the child from the UK.


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## Guest (Aug 10, 2011)

*haylo*

Hi Kev depending on how old the child is and whether your partner was married to her ex depends on whether you need permission. my daughter is 12 has had no contact with her dad for years he cannot stop me from taking her to oz. The law was changed in 2003 look on the direct gov website it will fill you in on what you need to know. good luck


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## jojo (Sep 20, 2007)

It depends whether the fathers name is on the birth certificate and whether he has access rights. Altho permission as such may not be required, he has every right to try to stop you taking the child abroad if he so wishes

Jo xxx


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## Auld Yin (Mar 10, 2009)

haylo said:


> Hi Kev depending on how old the child is and whether your partner was married to her ex depends on whether you need permission. my daughter is 12 has had no contact with her dad for years he cannot stop me from taking her to oz. The law was changed in 2003 look on the direct gov website it will fill you in on what you need to know. good luck


No airline of any quality will let your child board an aircraft unless it's satisfied the child is not being moved out of the country illegally or without permission of both parents, or if you, by a court order, have been awarded sole custody. For all our edification would you please provide the link where it confirms your statement.
If one arrives at the check-in desk and claims you're allowed to move the child overseas because the father has had no contact with the child for years you will find I'm sure, that the airline will not accept such an explanation.


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## xabiaxica (Jun 23, 2009)

haylo said:


> Hi Kev depending on how old the child is and whether your partner was married to her ex depends on whether you need permission. my daughter is 12 has had no contact with her dad for years he cannot stop me from taking her to oz. The law was changed in 2003 look on the direct gov website it will fill you in on what you need to know. good luck


do you have a link to the relevant section of the website?- this question often comes up


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## rifleman (Jun 24, 2011)

http://m.direct.gov.uk/syndicationC...106&utn=b56e982a491a4fa69acf201108102017&st=0

Seems that you cannot take a child abroad without the fathers consent if you were married and in some cases even if you were not married.


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## xabiaxica (Jun 23, 2009)

rifleman said:


> http://m.direct.gov.uk/syndicationC...106&utn=b56e982a491a4fa69acf201108102017&st=0
> 
> Seems that you cannot take a child abroad without the fathers consent if you were married and in some cases even if you were not married.


yes, that was all the info I could find - which is why I was interested to know where haylo got her info.

having dug a little further from your link I just found this http://m.direct.gov.uk/syndicationController?action=view&st=0&utn=b56e982a491a4fa69acf201108102017&param=DG_4002954


it seems it's all down to who has 'parental responsibilty'



> A mother automatically has parental responsibility for her child from birth. However, the conditions for fathers gaining parental responsibility varies throughout the UK.





> This is not automatically the case for unmarried parents. According to current law, a mother always has parental responsibility for her child. A father, however, has this responsibility only if he is married to the mother when the child is born or has acquired legal responsibility for his child through one of these three routes:
> (from 1 December 2003) by jointly registering the birth of the child with the mother
> by a parental responsibility agreement with the mother
> by a parental responsibility order, made by a court
> Living with the mother, even for a long time, does not give a father parental responsibility and if the parents are not married, parental responsibility does not always pass to the natural father if the mother dies.





> A father has parental responsibility if he is married to the mother when the child is conceived, or any time after that date. An unmarried father has parental responsibility if he is named on the child's birth certificate (from 4 May 2006). Alternatively, unmarried fathers can also be named following a re-registration of the birth.





> A father has parental responsibility if he is married to the mother at the time of the child's birth. If a father marries the mother after the child's birth, he has parental responsibility if he lives in Northern Ireland at the time of the marriage. An unmarried father has parental responsibility if he is named, or becomes named, on the child's birth certificate from 15 April 2002.


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## rifleman (Jun 24, 2011)

Well the other factor is whether the father has parental responsibility. I am assuming that only a court can take that away. At least people have the link now.


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## rifleman (Jun 24, 2011)

Sorry, cross post


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## xabiaxica (Jun 23, 2009)

rifleman said:


> Well the other factor is whether the father has parental responsibility. I am assuming that only a court can take that away. At least people have the link now.


I think that's it though - he might not have parental responsibility at all................


the OP really needs to get legal advice on her particular situation - it seems it's not as cut & dried as I for one thought


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