K1/K2 - letter of consent from the other parent

[RexAra 1]

Hello, does anyone know if a letter of consent from the other parent is mandatory or required to show on the day of the interview? My problem is that my ex-husband will not consent for me taking our 2 children to live abroad as he is facing a custodial sentence in February in a Crown Court for domestic violence, stalking and harassment. Will the embassy still ask me for a letter from him even if he's in prison? I can not provide this due to bail conditions/restraining order that he is not allowed to have any contact with me either directly or indirectly. Will a written evidence (court letter) confirming his custodial sentence be enough reason for me not providing a consent letter from him?

Please help. Thank you.

[NikLR 13,220]

Do you have proof of sole custody?

If yes then you should be fine. Also providing proof of the restraining order etc would be helpful.

[baron555 934]

Hello, does anyone know if a letter of consent from the other parent is mandatory or required to show on the day of the interview? My problem is that my ex-husband will not consent for me taking our 2 children to live abroad as he is facing a custodial sentence in February in a Crown Court for domestic violence, stalking and harassment. Will the embassy still ask me for a letter from him even if he's in prison? I can not provide this due to bail conditions/restraining order that he is not allowed to have any contact with me either directly or indirectly. Will a written evidence (court letter) confirming his custodial sentence be enough reason for me not providing a consent letter from him?

Please help. Thank you.

Email the Embassy and ask... THEY are the ones who know what they will want.

Many folks, it seems, are very reluctant to ask the Embassy. Maybe they worry that their case will be highlighted. That is not the case. They are there to help you. Ask them.

Usually the letter is required, but your case is unique.

[RexAra 1]

Do you have proof of sole custody?

If yes then you should be fine. Also providing proof of the restraining order etc would be helpful.

In the UK, both parents have parental responsibility if both are named in the child's birth certificate, even after a divorce. We don't have "custody" here. Both my children are living with me. My ex has no made any attempt to contact them through the social services' contact centre since his arrest last year and has never paid child support. But still need his consent/permission for me to take the children to relocate.

[RexAra 1]

Email the Embassy and ask... THEY are the ones who know what they will want.

Many folks, it seems, are very reluctant to ask the Embassy. Maybe they worry that their case will be highlighted. That is not the case. They are there to help you. Ask them.

Usually the letter is required, but your case is unique.

Thank you for your reply. I will email the Embassy and ask as you suggested. I was hoping someone in this forum might have gone through the same or if there is a bit of leniency in a case such as mine.

I am really in a difficult position in acquiring such consent as I know for a fact that my ex would not give it, especially if he finds out that I have moved on with my life and starting a new life abroad with the kids.

Again, thank you for your suggestion.

[LionessDeon 2,060]

Take proof of everything you've stated here to the embassy with you for your interview. Court records, court rulings, everything you have on his charges, restraining order, and non support.

[RexAra 1]

I phoned the embassy today but there is no facility to speak to someone regarding such enquiry. Their website has recently been updated and has no email facility either

[baron555 934]

I phoned the embassy today but there is no facility to speak to someone regarding such enquiry. Their website has recently been updated and has no email facility either

Keep trying and there must be an email method.

[AMZJ 61]

I phoned the embassy today but there is no facility to speak to someone regarding such enquiry. Their website has recently been updated and has no email facility either

I am having my final hearing in March. Only difference is I had no contact with my ex for 6 months and then he got back in contact and said he was fine for us to move. But he lives in the US and we are on 'civil' terms. I say civil, he can be very rude and nasty at times but only in text as I won't talk to him on the phone as that is his time with our daughter. He also does not pay child support but emailed the court to let them know he was ok for her to move. I still have to go though court because I had a residential order. You can get permission from the court but they will want to do an assessment that this is in the best interests of the children and not you putting your needs first (I've been accused of this in the past even though it was completely untrue).

They wanted me to write a report to do with health care, education, housing, finances, my fiance's relationship with my daughter and how her dad intends to be involved (or not as it seems). They also wanted to see photos of our home which was a nightmare as I had to clean everything as he'd just moved into a new house so the girls could have their own bedrooms.

If you can't get permission from your ex you will need to get it from the court or legally he could say you kidnapped them. My ex can't do that to me as he lives there so it'd be benefiting him for me to move. But because your ex lives here and you are going though court you need to consult the judge about it.

What you have may be enough but it may again not be. Email the embassy.

Edited January 27, 2016 by AMZJ

[RexAra 1]

I am having my final hearing in March. Only difference is I had no contact with my ex for 6 months and then he got back in contact and said he was fine for us to move. But he lives in the US and we are on 'civil' terms. I say civil, he can be very rude and nasty at times but only in text as I won't talk to him on the phone as that is his time with our daughter. He also does not pay child support but emailed the court to let them know he was ok for her to move. I still have to go though court because I had a residential order. You can get permission from the court but they will want to do an assessment that this is in the best interests of the children and not you putting your needs first (I've been accused of this in the past even though it was completely untrue).

They wanted me to write a report to do with health care, education, housing, finances, my fiance's relationship with my daughter and how her dad intends to be involved (or not as it seems). They also wanted to see photos of our home which was a nightmare as I had to clean everything as he'd just moved into a new house so the girls could have their own bedrooms.

If you can't get permission from your ex you will need to get it from the court or legally he could say you kidnapped them. My ex can't do that to me as he lives there so it'd be benefiting him for me to move. But because your ex lives here and you are going though court you need to consult the judge about it.

What you have may be enough but it may again not be. Email the embassy.

Thank you very much. This is very informative. Is the final hearing in March for a court order? How long is the process? That is what I am worried about, that he might accuse me of kidnapping once he's out of prison and paid his time sentencing (just to be spiteful). The prosecution team is confident that we'll get a conviction due to overwhelming evidences and the fact that the case was forwarded to the Crown court denotes how serious his offences were. Hopefully, the situation will help me get a court order quicker, if that is the only way.

Sorry, I got a bit confused with your case. Your ex lives in the US but you and your daughter are here in the UK applying for a K1/K2 visa? And still need a court order to take your daughter to the US?

[bob+senga 11]

hi RexAra, saw your post and understand your situation slightly. He has parental rights as you were married. you need his permission to take the children out of country to immigrate. some states in usa will also want proof that you have the other parents permission to enrol his children in their school. they need to be sure the children have not been abducted. Maybe consult a lawyer in regards to this due to your ex maybe serving time in prison as i dont know how this will affect things. Im going through court to get a specific issue order to take my child out on k2 visa and he didnt have parental rights but he put interdict on the passport so they could not travel hence forcing us into court to get permission from a court.Could your ex do this even from prison if hes trying to stop you leaving. My court route isnt quick though. hope you get the answer your looking for.

[RexAra 1]

hi RexAra, saw your post and understand your situation slightly. He has parental rights as you were married. you need his permission to take the children out of country to immigrate. some states in usa will also want proof that you have the other parents permission to enrol his children in their school. they need to be sure the children have not been abducted. Maybe consult a lawyer in regards to this due to your ex maybe serving time in prison as i dont know how this will affect things. Im going through court to get a specific issue order to take my child out on k2 visa and he didnt have parental rights but he put interdict on the passport so they could not travel hence forcing us into court to get permission from a court.Could your ex do this even from prison if hes trying to stop you leaving. My court route isnt quick though. hope you get the answer your looking for.

Yes, I have started my application to the Court for Child Arrangements Order that the children reside with me in case he does something nasty, I will be guaranteed that they will be returned to me and also the more important Specific Issue Order for removal from the jurisdiction so that the children can move with me to the US.

We have our Notice of Proceedings (initial hearing) on 14th March. I have no idea how long the process will take but I have made the Court aware that our visa approval notice expires on 12th May and that school starts in San Diego, CA in mid-July.

The ex pleaded guilty to the Domestic Violence offences and is awaiting sentencing tomorrow (7th March). A Restraining Order is in place. Hopefully, the situation will help make the Court Order process a bit quicker.

[bob+senga 11]

Glad you've started the procedure for permission to remove children. The thing that slows it down is getting court appearance time( they need to fit you in ) and if he contests it it may slow things down.

Your visa when approved will be valid for 6 months from date of your medical so you will have till September to enter the usa( assuming medical was In march).

I understand getting the children into school for when it starts that is my aim also- though im heading to Ohio which is mid August. One thing to note is that the American Embassy have been great with my case as my visas were all approved and sent out only for me to ask them to reissue them as they had expired due to interdict/ court proceedings .Not a problem for them, my case is on hold. i just need to redo medicals, interview and of course repay all the fees again( costly but i know when i have approval from the courts I'm free to go ). good luck.

[MADDEN 40]

Hey just thought i'd share my story of obtaining parental consent to remove a child out of the country. My child was born in the UK (she's now 8) at the age of 3 we moved back to Australia where I'm originally from. In 4 1/2 years we had no contact with the father, he paid no child support nor did he respond to calls, emails ect. so I wondered if I would need consent from him as he didn't even live in the same country as us, I tried to get information from the embassy but just kept getting an email reply saying i'd need the consent, which seemed totally stupid to me, anyways after huge amounts of hassle and having to involve a lawyer we tracked him down and got the requested notarized letter.

At my interview i wasn't asked for it, so I mentioned to the lady interviewing me that I had it, she wasn't even interested in seeing it which kinda annoyed me considering all the trouble I went through to get it, she said it was up to me if I am legally able to remove my child, meaning that I don't have any court orders preventing me from leaving with my daughter.

All embassy's seem to differ so keep that in mind but for me it seems like I really didn't need it.

[bob+senga 11]

Your right the embassy's dont ask about other parents consent- I assume they think youve got permission if required as otherwise it would be child abduction. When i went for my interview i wasnt asked if the father had given me permission.

The tricky bit is if he suddenly wants his child back then he could go to court and lodge papers for her to be returned. Or if he suddenly decides at last minute to put interdict on their passport so he can decide if he wants to see them-

If the other parent has Parental rights its best to get approval from the parent left behind.

All countires are different in regards to these laws. best ask a lawyer.

Nice to hear you were lucky and had no issues as he agreed to his child moving to USA.