Custodial Parent or Sole Custody?

The Immigration Officer I spoke to in London this morning perfectly concurred what the lawyer told my girlfriend in Florida yesterday

Immigration Officers wouldn't be answering the phone at UKVisas.  In fact, they don't talk on the phone at all unless they have taken someone into detention.     And even then it has to be a Chief.

But if you're happy and if the person you spoke to told you which paragraph of which Immigration Act pertained to your situation then all's well!

Fathers on the whole have many more rights in the US than in the UK, regardless of previous contact or maintenance paid.  Family law is governed by state court in most instances, with both federal and state test cases serving as precedent for how the law is intepreted by the family court judges.  

All the advisors are trying to tell you is to be very careful.

If you find some random stranger on a net forum using no patronising, then I really hope it all goes as smoothly as silk for you both w/regards to immigration.  

Spud - We certainly don't mean to patronise you, and I am sorry if that is how you feel.  However, you need to realise that people use this forum in order to share knowledge and experience, and we are just trying to help you.

It is a simple FACT that people who work for the Home Office and for UK Visas sometimes give the wrong advice.  I have a number of cases on my desk where this has happened, and Garry has about a dozen complaints against people who have misadvised.  It would be nice to accept all that these people say is right because it comes from the horses mouth, but that is, alas, not possible.  Just because the guy you spoke to said it sounds okay, it doesn't mean that the man in the Embassy who actually looks at the paperwork will make the same decision.

Although I appreciate that the father of the child has never been granted anything in terms of custody, and has been absent from his life, this may not be enough if your girlfriend does not have formal custody.  It may be that it is, but I would err on the side of caution, and get some kind of order.  The ECO will not simply accept your girlfriends word for it anyway - they would need evidence.

Victoria

Although I appreciate that the father of the child has never been granted anything in terms of custody, and has been absent from his life, this may not be enough if your girlfriend does not have formal custody.  It may be that it is, but I would err on the side of caution, and get some kind of order.  The ECO will not simply accept your girlfriends word for it anyway - they would need evidence.

Victoria

I was thinking about this too. Everything has been so confusing, and I had hoped that a lawyer would have been more helpful, but I'm starting to think that she may not be aware or know the full details of the Hague treaty on child abduction. From what I've read, not having a custody order can still put you in violation of the Hague treaty in England and Wales, so I'm just going to establish custody and go for sole. My only fear is that my case will be dismissed if I can't locate the father. Then what? 

Victoria, Garry & Expat,

I do whole-heartedly apologise for what really was a knee-jerk reaction. I was simply elated that the dream of having my family with me finally was getting closer, but then I thought that I was having my bubble burst. I understand that I'm not qualified in this area to make sound judgments about the information I receive, I was simply under the impression that having spoke to the 'UK Visa' office that I was getting accurate and sound advice. Maybe this is true when using it as a guideline only and not as gospel truth and a definite black/white way about how things work, I guess I was just a little over-excited then.
Who can blame me for being excited though? 

That's alright Spud - we all get carried away sometimes, and I am sure that you are all a little stressed about this!

Krystal Blue - this is just off the top of my head, but a letter from the lawyer explaining that every effort has been made to contact the father but to no avail will help.  But as I have said, I think it is best to play on the safe side and get an order if possible.

Victoria