Step Kids Settlement

I am no lawyer but outside the tricounty area is outside that area and can be anywhere in the world?

From: https://www.gov.uk/government/publications/children-set07/children-set07#set78-what-is-sole-responsibility

The 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

Can someone advise please. Thanks a lot in advance.

Honestly?

A lot of us chat outside UKY and I know you’ve been PMing most of us.  I think we’ve all said the same thing.

It could be okay.....  me, ksand, and JF don’t think it’s robust enough.

I fear we are not able to tell you what you want to hear, which is why you keep asking.  Applying now is your choice.  It is apparent that is what you want to do.  If cost is no option, go for it.  The application will hopefully be successful.

Thanks for your input and your time.  Appreciate your experience.

Thanks for your input and your time.  Appreciate your experience.

Trust me.  We want nothing more than for your applications to be successful.  But none of us read it that the mother is allowed to take the child out of the state, let alone the country.  Could we be interpreting the order wrong?  Sure.  None of us were inside the Judge's head who wrote the order.  Maybe he meant the mother could move anywhere and the father has no say.  It just doesn't read that way to us - and the concern is - how will UKVI read it?

Trust me.  We want nothing more than for your applications to be successful.  But none of us read it that the mother is allowed to take the child out of the state, let alone the country.  Could we be interpreting the order wrong?  Sure.  None of us were inside the Judge's head who wrote the order.  Maybe he meant the mother could move anywhere and the father has no say.  It just doesn't read that way to us - and the concern is - how will UKVI read it?

To piggy back on this, it isn't us you have to convince.  It's the random ECO reviewing the application.  And they will be reading it in the worst possible light.  If it's not explicitly stated in the order (or in a notarized statement from the father) that the mother can take the child out of the country, we would be surprised if the ECO granted the child a visa.  The mother will get hers, but we have strong doubts that the child would be approved.

As KF said, if you have the funds and are willing to take the chance, you can apply with the order as-is.  Hopefully, it will go well and our concerns will prove unfounded.  But if it was my application and money, I would get something in writing that removes all doubt for the ECO, to save myself paying twice for the child's visa.  Refusals don't equal refunds.

I understand. We will try to get that sorted in accordance with yiu guidance. Thanks a lot for your inputs.

Me again And i Would be very grateful if you can please advise if the father signs and notarises the stated below. Do you think it covers all points we need to get their visa:


To whom it may concern, 

I *** born on the *** the father of the below named children; herby consent and agree to the following:
1.   that I relinquish my visitation rights concerning the below-said children;
2.   that I abdicate my parental responsibility for the below-said children;
3.   that *** born on the *** the mother of below named children has sole parental responsibility and control of them as well as being the legal and physical custodian as stated in the custody Court Order: ***; and is within her rights to move the children out of the country (USA) and I have no objection to this what so ever.
The minor children included in the above statement are:
****


Thanks in advance

Would really appreciate it if you can advise on this please. Thanks

I don't think you can ask him to sign something relinquishing his rights outside of the courts, when there is a court order in place.

I'd just stick with, "Mother has my permission to relocate to the UK with our child NAME."

Me again And i Would be very grateful if you can please advise if the father signs and notarises the stated below. Do you think it covers all points we need to get their visa:


To whom it may concern,

I *** born on the *** the father of the below named children; herby consent and agree to the following:
1.   that I relinquish my visitation rights concerning the below-said children;
2.   that I abdicate my parental responsibility for the below-said children;
3.   that *** born on the *** the mother of below named children has sole parental responsibility and control of them as well as being the legal and physical custodian as stated in the custody Court Order: ***; and is within her rights to move the children out of the country (USA) and I have no objection to this what so ever.
The minor children included in the above statement are:
****


Thanks in advance

Hi Rocky.  My reading of the planned notarized statement above is that you are attempting to change the terms of a court order without actually going to court.  I have strong doubts that such an attempt would be considered valid, as it's trying to do too much.  I don't know how the ECO would perceive it, but if I had this application before me, with the current custody and visitation order along with this letter, I would wonder why the parties didn't just petition the court to revise the custody and visitation order so it's clear.

I'd go with either a simple statement from the dad saying he doesn't object to the mother moving with the children to the UK, as KF suggested, or a revised court order granting permission which removes all doubt..

I'd go with either a simple statement from the dad saying he doesn't object to the mother moving with the children to the UK, as KF suggested, or a revised court order granting permission which removes all doubt..

I agree.

In situations where there is no court agreement or custody order at all, all that is required from the other parent is a letter from them stating they are happy for the child to be taken to live in the UK.

So, don't make things too complicated, or make it seem like you are trying to amend a legal agreement. All you need is a letter saying something like:

"I agree that [Mother's Name] can take my child, [Child's Name], to live in the UK"

And the custody order will take care of the rest.

Thanks a lot for your input. Much appreciated.

Amending court order is not an option as per the US lawyer recommendation.

Both parents thought it has been covered and both missed try county area thinking it was out of the country. 

That's why we are trying to a follow up with this statement to be in place

Would this be acceptable? It should follow within the court order.

To whom it may concern,

I *** born on the *** the father of the below named children; herby consent and agree to the following:
1.   that I agreed with the mother that I will visit the below-said children when i can at my own expense;
2.   that *** born on the *** the mother of below named children has sole parental responsibility and control of them as being the legal and physical custodian as stated in the custody Court Order: ***; and that she can move the below-said children out of the country (USA) and I have no objection to this what so ever.

Please let me know. Thanks

Would this be acceptable? It should follow within the court order.

To whom it may concern,

I *** born on the *** the father of the below named children; herby consent and agree to the following:
1.   that I agreed with the mother that I will visit the below-said children when i can at my own expense;
2.   that *** born on the *** the mother of below named children has sole parental responsibility and control of them as being the legal and physical custodian as stated in the custody Court Order: ***; and that she can move the below-said children out of the country (USA) and I have no objection to this what so ever.

Please let me know. Thanks

The ECO doesn't care whether the dad is going to visit the children or who pays for his visits, so the first point should not be there.  The ECO just wants to know if the mother has the legal right to move the children to the UK.  The father can grant that by saying he does not object, or the court can grant it by putting it into the custody order.  If you're going with a letter from the father, as ksand24 said, keep it simple.  ksand24 even gave you some sample text to work with.  Don't over-complicate this.  It could confuse the ECO.

If I'm honest, I'm starting to have questions, myself.  In an earlier message, you said "It's so hard to discuss things with the father. Getting that agreement was a nightmare and we did it in order to not need to have to deal with him again."  Now you think he's ready to all but relinquish his parental rights by notarized letter, and that he thought this was taken care of in the custody order and that he missed "try county area".  So are you in communication with him, and he has said this to you?  I'm really confused about how much involvement the dad actually has and/or wants.