Step Daughters father is obstructionist

[IamIan 14]

Hello, I know this is US immigration forum. However, I felt you might be able to help with this one. It's a tad complicated.

My wife's daughter was born in the UK. British Dad. But she left with her mum when she was 2 years old due to him being abusive. Her mum is obviously an American citizen. My step daughter did have a British passport as a baby but it expired when she was 5. Unfortunately, he is very bad. He hasn't seen her since she was a toddler and is using the need for him to sign as a power game and he wont sign the passport renewal. So I believe she can't get either an American passport or a British passport. Is this correct? Is there anything we can do here? We have looked at stripping his parental rights and me adopting her but it's a long long process and extremely difficult to do.

Thanks in advance all.

Edited February 10, 2016 by Penguin_ie

[IamIan 14]

I forgot to mention, she's now 9 years old. So that's the issue. Unless someone knows otherwise, she can't get a passport until she is 16 without her Dads signature.

Edited February 10, 2016 by IamIan

[AMZJ 61]

For a British passport you don't need both parents signatures, however you do need his permission to take her out of the country. For a US passport, yes you need another signature. It is a long process with the courts but I would personally start it now. I have permission to apply for a passport with out my ex because he was being a huge pain at the beginning of last year about signing for her passport. It took around 3-6 months to get permission.

Edit to add: Basically she can get a UK passport with out the dads signature unless he filed something for her to not be able to get it (unlikely he thought of it).

Edited February 10, 2016 by AMZJ

[IamIan 14]

That's super helpful, thank you very much. Ill have a chat with her about the British passport. That's really good to hear.

So the process to apply for a US passport without her Dads permission... was that the same as terminating parental rights or another process?

[AMZJ 61]

That's super helpful, thank you very much. Ill have a chat with her about the British passport. That's really good to hear.

So the process to apply for a US passport without her Dads permission... was that the same as terminating parental rights or another process?

British courts HATE to take away parental rights unless there is solid evidence of abuse and lack of contact etc. No I did not get his parental rights removed (unfortunately). I had a clause into my court papers saying I could apply for her US passport with out him. But I'm looking to get sole custody implemented after I move.

[bob+senga 11]

HI

Im following this with interest as I applied for K1/K2 visas and we were,approved only for my ex to put stop to me taking child out of country- by going to courts. He didn't have parental rights at time. Fathers only have automatic PR if married, engaged, or child born after 2005/2006.. None of those applied to us. Its good to know that if my child's passport (uk) needs renewing then i can do without his approval as he has now been granted PR by courts..was advised to grant.

AMZJ am i right in believing you went to court to get a specific issue order to take your child out of country and won...( you mentioned that you have it written in court papers that you can apply for a US passport without his approval) .Something i haven't thought about until now.

Im due in court to ask for my child to leave with me.

Another question to throw in what if your child wants to change name to your new husbands- In the uk its easily done bt deed but we need fathers permission if he has PR.

Its all so stressful.

[NigeriaorBust 4,087]

however if the is a USC they need a US passport to enter the US. Also sneaking the child out of the country opens both of you to kidnapping charges. Make sure to get the paper you need from the courts to move the child.

[Boiler 43,696]

As an aside the US Courts often do not let the child move out of State, never mind Country..

A USC needs to enter the US with a US passport.

Hague Convention deals with International child kidnapping.

[Penguin_ie 5,986]

***** Op edited to remove words not allowed on VJ, Even if they seem an appropriate descriptor in this case *****

[bob+senga 11]

If the other parent doesnt have PR then its not classed classed as Kidnapping. I have checked with couple of different lawyers and read up on it . However i took the decision to inform him of our wishes to move-through lawyers- as we wanted legal documents in place so that my son would have arranged/agreed visitations during holidays to come back to UK, set up video conferencing times also, and the opportunity for him to visit in US. We cant/wont leave without the authorization of the court.

[AMZJ 61]

The order I had was a residential order which had the added clause on about the passport. I can take her out up to a month but over the summer I had permission for an extra 2 weeks as we went for 6. I am back at court in march to finalize paperwork saying I can move with her. However my case is slightly different. My ex lives in the US, he has also emailed the court with his consent so they are only really doing a police check on my fiance. He also wanted me to have permission to apply for her passport as he's too lazy to stick a notarized letter in the mail. If he's just doing it to be vindictive and doesn't see the little girl anyway then the court will see it and they will grant permission for her to leave as long as it's in the childs best interest.

As for change of name. Not here you can't but over in the US I've no idea, I think it depends on the state. I don't think I can in Kentucky.

Edited February 10, 2016 by AMZJ

[bob+senga 11]

Hi

Thanks for that- you are lucky in that your ex lives in US where you will be immigrating to.

we think its in the childs best interest to immigrate but thats up to the court and who knows how they will think. Happy family life- stepsisters/brothers, friends there already, good school, activities and they will have chance to go to university in either UK or US when time comes. He does see his son- WE think hes being vindictive doing it out of spite but thats hard to prove in court. In meantime i just keep an eye on flights and keep thinking positive.

Name change we will look at when it arises.

If you are looking for flights you could try skiplagged.com they do one ways- i was able to get uk to Chicago for 342 in July.( i remember you asked about flights in previuos posts) good luck with your move also .

[AMZJ 61]

Hi

Thanks for that- you are lucky in that your ex lives in US where you will be immigrating to.

we think its in the childs best interest to immigrate but thats up to the court and who knows how they will think. Happy family life- stepsisters/brothers, friends there already, good school, activities and they will have chance to go to university in either UK or US when time comes. He does see his son- WE think hes being vindictive doing it out of spite but thats hard to prove in court. In meantime i just keep an eye on flights and keep thinking positive.

Name change we will look at when it arises.

If you are looking for flights you could try skiplagged.com they do one ways- i was able to get uk to Chicago for 342 in July.( i remember you asked about flights in previuos posts) good luck with your move also .

I had to write a massive report on healthcare, education, housing finance, the relationship she has with my fiance and his family. Including photos of our home. The relationship she has with her dad and some other things and submit it to my ex and the court. They also did a police check on my fiance. It is a lengthy process so if you already are underway with visas and can't get your ex to sign I'd start going though court now... we started in December and the final hearing is march. But my case is very straightforward. It's just really about having it written on legal paper so when I go to apply for custody in the US I won't have as much trouble. They just don't like signing over custody in the UK.

Edited February 10, 2016 by AMZJ

[UKTOBK 11]

Hi

Thanks for that- you are lucky in that your ex lives in US where you will be immigrating to.

we think its in the childs best interest to immigrate but thats up to the court and who knows how they will think. Happy family life- stepsisters/brothers, friends there already, good school, activities and they will have chance to go to university in either UK or US when time comes. He does see his son- WE think hes being vindictive doing it out of spite but thats hard to prove in court. In meantime i just keep an eye on flights and keep thinking positive.

Name change we will look at when it arises.

If you are looking for flights you could try skiplagged.com they do one ways- i was able to get uk to Chicago for 342 in July.( i remember you asked about flights in previuos posts) good luck with your move also .

Hi... Can I ask when you were interviewed did they ask you anything about permission from the father?

[bob+senga 11]

HI i was interviewed and approved last year. we then emailed/ wrote to consulate asking for our K1/K2 visas to be renewed/re-issued as they had expired due to ongoing court case. The embassy have put our petition on hold till i get approval from court to leave.

At the interview i was never asked if i had fathers approval I did not have to show any paperwork. Childs birth certicate clearly shows his name etc. Possibly the embassy assumes you have consent etc to remove child- im not sure but all i know is that it was never asked in my case. Going forward i will need to sent copies of my court outcome when I restart the process- they have asked for this again possibly because i made them aware of the situation. My ex didnt have PR at the time of my application

Hope it helps you