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Wanting to move abroad with young son

  • 06-03-2014 12:31am
    #1
    karensam
    Closed Accounts Posts: 5 ✭


    Im looking into moving to the Uk with my son.
    I am almost finished my degree year in business marketing and my son is almost 4.
    My sons father is not on the birth cert. We currently have a 1 hour weekly visitation order in place since my son was 7months old. He has not seen my son since the week before his 2nd birthday; no calls, texts, emails to me requesting to see him.

    I have an affadavit signed by my solicitor and a member of the Guards stating thT I am sole cusodian of my son and with that I have a passport for my son.

    1 - Do I need another affadavit signed to renew my sons passport or does the old one still stand?
    2 - Do I need my exs permission to essentially emigrate with my son?

    Any help would be greatly appreciated

    Thank


Comments

  • #2
    cashie88
    Registered Users, Registered Users 2 Posts: 47 ✭cashie88


    As far as i no, if you are in not married and he is not on the birth cert, he has no rights legally over the child.


  • #3
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    cashie88 wrote: »
    As far as i no, if you are in not married and he is not on the birth cert, he has no rights legally over the child.

    No rights, then why did the court give 1 hour access by order. "We currently have a 1 hour weekly visitation order in place"

    OP this is a serious issue, you have I would guess a solicitor as you mention same, get your advice from that person. This forum does not allow the seeking of legal advice. The above answer is a reason why.


  • #4
    cashie88
    Registered Users, Registered Users 2 Posts: 47 ✭cashie88


    Typical ignorance i have come accustomed to on this! Smart asses.

    Only my opinion op sorry


  • #5
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    cashie88 wrote: »
    Typical ignorance i have come accustomed to on this! Smart asses.

    Only my opinion op sorry

    It is not ignorance, is is fact, the father has a court order, the advice given that fathers have no rights is incorrect, married fathers have automatic rights, unmarried fathers do not have automatic rights but can assert rights. To apply for a passport and leave the jurisdiction when court orders are in place is bloody dangerous advice.

    Only my opinion, after 8 years of legal study and 10 years of legal practice, and the only smart ass on this thread was you, giving misleading and dangerous advice.


  • #6
    karensam
    Closed Accounts Posts: 5 ✭karensam


    Thanks for your advice.

    He doesnt have any rights. He brought me to court because I wouldnt let his mother see my son. She tried to bring me to court but the courts would accept her case on the grounds that the father wanted no access. He was given the mininum which is 1 hour a week supervised. As I said he hasnt been in contact in two years. My solicitor said that I can go back to court and revoke the other but I havent because I dont want to start it all up again. Im happy with him out of the picture because all he does is upset everyone around him.


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  • #7
    schemingbohemia
    Registered Users, Registered Users 2 Posts: 5,606 ✭✭✭schemingbohemia


    karensam wrote: »
    Thanks for your advice.

    He doesnt have any rights. He brought me to court because I wouldnt let his mother see my son. She tried to bring me to court but the courts would accept her case on the grounds that the father wanted no access. He was given the mininum which is 1 hour a week supervised. As I said he hasnt been in contact in two years. My solicitor said that I can go back to court and revoke the other but I havent because I dont want to start it all up again. Im happy with him out of the picture because all he does is upset everyone around him.

    The two statements in bold contradict each other. Listen to your solicitor.


  • #8
    karensam
    Closed Accounts Posts: 5 ✭karensam


    schemingbohemia wrote: »
    The two statements in bold contradict each other. Listen to your solicitor.
    The second statement is not a right. It was given to him as a last resort which he accepted but never used to its extent.

    I spoke to my solicitor today. He said the order will not stop me leaving the country.


  • #9
    HotHHead
    Registered Users, Registered Users 2 Posts: 110 ✭✭HotHHead


    If you were married he is a guardian and joint custodian, as you stated you have affidavit stating you are sole custodian I can only presume you were not married or else his guardianship rights were revoked?

    Just because he was awarded access does not give him any automatic guardianship rights, he has to be appointed guardian through the court also.

    You should have no issues traveling abroad.

    Also name on or off birthcert is irrelevant to any rights someone may or may not have.


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