children, K2 !! please help

[L & P 0]

Hi all,

I was browsing around posts and now I am getting worried I am french national living in the UK. Filed in for K1, my daughter shows on F129 as she will be moving with me. My daughter is 10, her father is UK national. We were never married and under the french legal system I have full custody. My daughter has french passport like me but her father recognised her, his name on her birth certificate and again under the french legal system she has is surname (well double barrell with my surname). I have not had any contact with my daughter's father for several years and don't have a clue where he is. So can not get any kind of notarised form saying that he allows me to take her to the States...Will that cause me any problems !!!! Please advise me ...I am getting so worried about that....Many thank to all that can help

Laurence

[payxibka 10,044]

Possibly, you may need to get some sort of judicial document from the legal system... Your consulate will be your best guide... Ask them immediately so if you need to do something you have time

[L & P 0]

Possibly, you may need to get some sort of judicial document from the legal system... Your consulate will be your best guide... Ask them immediately so if you need to do something you have time

Thanks, I have emailed them and will try to also call them tomorrow. It never occured to me that it could be a problem before i read some of the post on here. Just glad I found out now it could be a problem

[perfect 39]

In the UK you will need a court order allowing you to remove the child from the country if the father is named on the birth certificate but the father is absent. The embassy in the UK will not issue the K1 without it - are you doing K1 through London or France?

[L & P 0]

I am going through London embassy as it is where I live and currently work. I was just hoping that as my daughter was born before the Bristish law changed in 2003 (giving parental responsibility to unmarried father) I would not have to go trough that. Doesn't it make a difference that my daughter is also French National? A court will not give me any kind of order as the father has no rigths whatsoever

[wellywench 0]

Hi there,

My circumstances are different as the father of my daughter is not named on her birth certificate, but I contacted the Principal Registry of the Family Division (0207 647 6980 / 0207 947 6000). They were able to confirm for me that no-one has ever made a claim for parental responsibility against me.

Again, I know our circumstances are different, but they might be able to point you in the right direction?

[L & P 0]

Hi there,

My circumstances are different as the father of my daughter is not named on her birth certificate, but I contacted the Principal Registry of the Family Division (0207 647 6980 / 0207 947 6000). They were able to confirm for me that no-one has ever made a claim for parental responsibility against me.

Again, I know our circumstances are different, but they might be able to point you in the right direction?

Thanks I will also try that today as well as the French consulate. Hope I can get some satisfying and straightforwards answers;)

Laurence

[perfect 39]

Makes no difference whether this happened before the law changed. If the father is named on the birth certificate you will need a court order.

I did my K1 in 2004, and K2 in 2005 having not seen by child's father for 14 years (he was on the birth certificate) and my child was 16 at the time. I was awarded sole custody, care and control in 1992 but this didn't matter to the embassy, father hadn't seen the child in 14 years, had never paid any form of child support etc, etc, etc. - they still wanted evidence that the father was giving his permission for the child to be removed. And that was even though we had moved to another part of the UK where the law states that a child is considered an adult and able to make his/her own decision at the age of 16.

The embassy are very strict and careful about allowing children to leave the country. When all said and done you will never know the way they will view your own situation until you get an email response back. It may be different in your case because of having the French nationality, but I think it will depend on how long you've lived in the UK etc and where the child was actually born.

Would be interested to know what the embassy says in theri reply if you care to share...

[L & P 0]

Makes no difference whether this happened before the law changed. If the father is named on the birth certificate you will need a court order.

I did my K1 in 2004, and K2 in 2005 having not seen by child's father for 14 years (he was on the birth certificate) and my child was 16 at the time. I was awarded sole custody, care and control in 1992 but this didn't matter to the embassy, father hadn't seen the child in 14 years, had never paid any form of child support etc, etc, etc. - they still wanted evidence that the father was giving his permission for the child to be removed. And that was even though we had moved to another part of the UK where the law states that a child is considered an adult and able to make his/her own decision at the age of 16.

The embassy are very strict and careful about allowing children to leave the country. When all said and done you will never know the way they will view your own situation until you get an email response back. It may be different in your case because of having the French nationality, but I think it will depend on how long you've lived in the UK etc and where the child was actually born.

Would be interested to know what the embassy says in theri reply if you care to share...

Well I called the french consulat in London and they directed me back to the British system, saying that I was legal gardian of my daughter but that they had no ways to prove it. She was born in the UK. I contacted the Court Family Division who can provide me with a letter stating that no one has requested Parental Authority for my daugher... Finally I called the US embassy a Londres where I was told that as i could not trace the father there was no much I could do and that I should just bring as much paperwork as I could and explain my situation to the officer at the interview. I only filed in Mid October so hopefully I will be able to track the father. I do not want to get to the interview and get rejected.

[wellywench 0]

I'll keep my fingers crossed for you - I hope you get it all sorted out

[L & P 0]

Let me know how your interview goes...very good luck

[L & P 0]

To anyone that might be interested or have same kind of problem, I have just received an email of reply from the US embassy in London. Here is what it says and I guess if I go that way I will just have to keep my fingers crossed

""Thank you for your e-mail correspondence. In the circumstances described below, you may submit a notarized letter from yourself which states that you have had no contact with the child’s biological father, that he does not pay child support or expenses, that you do not know how to contact him, and that you were never legally married to the child’s father.

You may also wish to include a photo-copy of the proof mentioned below from the Court that the father has never requested responsibility in the child’s welfare or upbringing. Please note that the Consular officer who will review your application on the day of your visa interview has final determination on the validity and acceptability of all submitted documentation. If further clarification is required, you will be advised further at the time of your visa interview.

Sincerely,

Consular Information Unit

U.S. Embassy, London

CONS/CIU/MLPM ""

[Muuuuah 0]

To anyone that might be interested or have same kind of problem, I have just received an email of reply from the US embassy in London. Here is what it says and I guess if I go that way I will just have to keep my fingers crossed

""Thank you for your e-mail correspondence. In the circumstances described below, you may submit a notarized letter from yourself which states that you have had no contact with the child’s biological father, that he does not pay child support or expenses, that you do not know how to contact him, and that you were never legally married to the child’s father.

You may also wish to include a photo-copy of the proof mentioned below from the Court that the father has never requested responsibility in the child’s welfare or upbringing. Please note that the Consular officer who will review your application on the day of your visa interview has final determination on the validity and acceptability of all submitted documentation. If further clarification is required, you will be advised further at the time of your visa interview.

Sincerely,

Consular Information Unit

U.S. Embassy, London

CONS/CIU/MLPM ""

Great information, you may want to post this in the UK forum also

[rebeccajo 14]

I'd like to clarify that I don't believe a court order is necessary in the UK, even if the non-immigrating parent is named on the birth certificate.

If recollection serves me, what I have read most often is the embassy will require a notarized statement from the parent remaining in the UK that removal of the child from the country is OK with them.

If the non-immigrating parent is incommunicado, it makes sense the embassy would handle the situation as they have outlined in the email.

[L & P 0]

you are right Rebecca. I actually went to see a solicitor who told me that I could not go to court to get allowed to remove my daughter as I have parental responsibility and can do so anyway.....but if i can not trace father i will need to make the sworn statement;)