From:
https://www.gov.uk/government/publications/children-set07/children-set07#set78-what-is-sole-responsibilityThe following factors should be considered in assessing sole responsibility:
"Sole parental responsibility means that one parent has abdicated or abandoned parental responsibility and the remaining parent is exercising sole control in setting and providing the day-to-day direction for the child’s welfare."
•Are the parents married / in a civil partnership? No they are not
•If the parents’ marriage / civil partnership is dissolved, which parent was awarded legal custody, which includes assumption of responsibility for the child? The mother is awarded that. Also in the sole custody court order, an agreement is attached to it. This agreement stats the following:
1. MOTHER shall have sole legal and physical custody of the minor children. MOTHER shall have final decision making authority, including specific authority for immediate medical need. Each shall have full access to medical, school and other records pertaining to their children.
2. MOTHER and FATHER agree that the minor children’s physical residence shall be with the MOTHER.
5. PASSPORTS FOR THE MINOR CHILDREN: MOTHER shall have sole legal authority to authorize the issuance of passports for any of the minor children.
The parties acknowledge that the MOTHER anticipates relocating outside of the Tri-county area and agree that any such relocation shall not be considered and “unanticipated substantial change in circumstances.”
iii. Should MOTHER relocate outside of the state and the parties are not able to reach an agreement on visitation arrangements, then MOTHER and FATHER shall participate in mediation with a certified Family Court mediator for up to four (4) hours prior to bringing any litigation to modify the within visitation schedule. All mediation expense shall be the responsibility of FATHER.
•Where there is a custody order the ECO should take care to ensure that the issue of a settlement entry clearance to the child will not contravene the terms of the custody order. See list for countries whose custody orders can be recognised as valid in UK (copy is available on this guidance page). USA is one of the countries.
The agreement attached to the custody order she has clearly shows that she has the final say in anything, physical residence with her and even issuing of children passports. It also stats that they both agreed that she and the kids are leaving the country. The father signed and notarized this and its part of the court order.
The mother have been looking after the kids since the separation followed by a divorce that was nearly 3 years ago. She moved the Kids house twice without the father intervention. The mother moved their school too without his intervention. She is the one who takes them to doc all the time and guide them. They have been living with her alone for the last 3 years.
The father is not involved in their children lives at all. He barely pays the child support and never see the kids.
Is not this sufficient? or do we need to provide further documentation?
Please advise