Parental Responsibilty & Notarised Letters

[Roselinda 5]

Do any of you guys know what the procedure is if i'm bringing my son with me. Me and his father were never married but he is named on the birth certificate.

He's totally fine with us going and won't be a problem as he wants us to be happy.

I've read on some parental website that after Dec 2003 if the couple were never married, even though the father is named on the birth certificate he has no rights and therefore permission is not needed.

Do you think the Embassy will still require a notarised document/letter?

[Dawny&Tommy 0]

Do any of you guys know what the procedure is if i'm bringing my son with me. Me and his father were never married but he is named on the birth certificate.

He's totally fine with us going and won't be a problem as he wants us to be happy.

I've read on some parental website that after Dec 2003 if the couple were never married, even though the father is named on the birth certificate he has no rights and therefore permission is not needed.

Do you think the Embassy will still require a notarised document/letter?

Hi,

Does your childs father have Parental responsibility? If so, you will need notarised consent. Do you have custody? Or has there never been a court hearing about custody/arrangements for your child?

I was never married to the father of my children, and his name was never on any of their birth certificates, but he did have parental responsibility.

And I think you'll find, that after December 2003, unmarried fathers will have automatic parental responsibility for their children if they have registered as the father. I may be wrong but I dont think so. If I am, i apologise in advance.

Dawn.

[Mags 112]

My son's father didn't have parental responsibility and I STILL had to get a notarised letter from him.

If it's easy for you to do, I recommend it.

Edit: The thing to remember is that in UK law the father doesn't have a say in where you take the child if there isn't parental responsibility. USA law DOES require it and the US embassy runs on US laws in this regard.

Edited April 10, 2008 by Mags

[L & P 0]

My child 's father does not have parental responsibility......We were never married and she was born before 2003......I do not know where he is so could not ask for any kind of letter....and i doubt he would have done it anyway....a VJ member who went through same process advised me to get a letter from solicitor explaining that I am the one with Parental responsibility...that is what she did and it was ok

[Mags 112]

My child 's father does not have parental responsibility......We were never married and she was born before 2003......I do not know where he is so could not ask for any kind of letter....and i doubt he would have done it anyway....a VJ member who went through same process advised me to get a letter from solicitor explaining that I am the one with Parental responsibility...that is what she did and it was ok

Yup. If the child has never seen the father then this is the best course of action.

[Lansbury 19]

I've read on some parental website that after Dec 2003 if the couple were never married, even though the father is named on the birth certificate he has no rights and therefore permission is not needed.

I was a detective at Heathrow and dealt weekly with child abductions.

The above is the other way around. After Dec 2003 if the father is named on the birth certificate he has the same parental rights as the mother.

To remove the child from the UK without his consent if he made a complaint would be an offence.

If the child was born before Dec 2003 or the father is not named on the certificate and the parents were not married he has no rights at all and his consent is not required, for UK purposes.

If you want to clarify this phone the Special Branch National Ports Controller at Heathrow via the Scotland Yard switch board. 020-7230-1212. They will give you the current information. I did that job for 5 years.

Edited April 10, 2008 by Lansbury

[Roselinda 5]

I've read on some parental website that after Dec 2003 if the couple were never married, even though the father is named on the birth certificate he has no rights and therefore permission is not needed.

I was a detective at Heathrow and dealt weekly with child abductions.

The above is the other way around. After Dec 2003 if the father is named on the birth certificate he has the same parental rights as the mother.

To remove the child from the UK without his consent if he made a complaint would be an offence.

If the child was born before Dec 2003 or the father is not named on the certificate and the parents were not married he has no rights at all and his consent is not required, for UK purposes.

If you want to clarify this phone the Special Branch National Ports Controller at Heathrow via the Scotland Yard switch board. 020-7230-1212. They will give you the current information. I did that job for 5 years.

Ok guys thanks very much!

I got that the wrong way round. I did mean it as you stated, if the child was born after Dec 2003. My son was.

I'm just going to go ahead and get the letter. One less thing to worry about right?

Cheers!

[JainaProudmoore 0]

My son's father didn't have parental responsibility and I STILL had to get a notarised letter from him.

Mags...out of interest who asked you for this and at what point of your application?

[Mags 112]

If the child was born before Dec 2003 or the father is not named on the certificate and the parents were not married he has no rights at all and his consent is not required, for UK purposes.

It doesn't matter what special branch say. In the majority of cases the US Embassy will NOT issue your child with a visa if you do not provide a letter explaining that the father/mother gives consent or has been absent for X amount of years.

My son was born in 1994 and I was required to provide a notarised letter. Other information on this forum backs up that I was not a one off case.

The US embassy, even thought it is on UK soil, still operates under US law, which dictates that both parents have to give permission for a minor to leave the country.

My son's father didn't have parental responsibility and I STILL had to get a notarised letter from him.

Mags...out of interest who asked you for this and at what point of your application?

A couple of days after the interview in London. I was approved there, then they sent me a letter asking for the notarised letter. Other members here have been asked at the interview window.

Edited April 11, 2008 by Mags

[Lansbury 19]

If the child was born before Dec 2003 or the father is not named on the certificate and the parents were not married he has no rights at all and his consent is not required, for UK purposes.

It doesn't matter what special branch say. In the majority of cases the US Embassy will NOT issue your child with a visa if you do not provide a letter explaining that the father/mother gives consent or has been absent for X amount of years.

I think you missed the "for UK purposes" on my comment.

It does matter what SB say if the airline query a child leaving the UK with only one parent it is the SB officer who will decide if they go or not. I stopped more than I let travel, the policy is if there is the slightest doubt they don't go.

I wanted to make sure the OP was clear on the UK end and didn't have any last minute very nasty surprises as they appeared when they posted to have the legislation the wrong way around.

[Mags 112]

If the child was born before Dec 2003 or the father is not named on the certificate and the parents were not married he has no rights at all and his consent is not required, for UK purposes.

It doesn't matter what special branch say. In the majority of cases the US Embassy will NOT issue your child with a visa if you do not provide a letter explaining that the father/mother gives consent or has been absent for X amount of years.

I think you missed the "for UK purposes" on my comment.

It does matter what SB say if the airline query a child leaving the UK with only one parent it is the SB officer who will decide if they go or not. I stopped more than I let travel, the policy is if there is the slightest doubt they don't go.

I wanted to make sure the OP was clear on the UK end and didn't have any last minute very nasty surprises as they appeared when they posted to have the legislation the wrong way around.

I understand the point you are making. But I wanted to be sure that people wouldn't start assuming that because the UK accepts it then the US embassy will accept it, just because it is situated in the UK.

Life would be easier if the US Embassy did follow the parental responsibility guidelines of the country where its applicants are coming from in regard to children's visas.

[JainaProudmoore 0]

If the child was born before Dec 2003 or the father is not named on the certificate and the parents were not married he has no rights at all and his consent is not required, for UK purposes.

It doesn't matter what special branch say. In the majority of cases the US Embassy will NOT issue your child with a visa if you do not provide a letter explaining that the father/mother gives consent or has been absent for X amount of years.

My son was born in 1994 and I was required to provide a notarised letter. Other information on this forum backs up that I was not a one off case.

The US embassy, even thought it is on UK soil, still operates under US law, which dictates that both parents have to give permission for a minor to leave the country.

My son's father didn't have parental responsibility and I STILL had to get a notarised letter from him.

Mags...out of interest who asked you for this and at what point of your application?

A couple of days after the interview in London. I was approved there, then they sent me a letter asking for the notarised letter. Other members here have been asked at the interview window.

Thank you for the explanation ... looking at the form it seems to me to only apply to children from marriage ... so I have either track down my childs absent father or explain his absence?

[Mags 112]

It all depends on his visitation. Does he visit? How long ago since the last visit? And so on.

[JainaProudmoore 0]

Hi Mags...

Maybe 18 months since last visit or contact, never paid or offered any kind of child support in all 11yrs. I am going to try and find him this weekend, I am pretty sure he still resides in the same village but just moved, so a few phone calls should do it. He never has had much interest in his son, I wasn't going to leave without him knowing or anything and he has always been knowing we are going at some point....it just irks me that I have to ask for some kind written permission from him y'know.

[Mags 112]

Hi Mags...

Maybe 18 months since last visit or contact, never paid or offered any kind of child support in all 11yrs. I am going to try and find him this weekend, I am pretty sure he still resides in the same village but just moved, so a few phone calls should do it. He never has had much interest in his son, I wasn't going to leave without him knowing or anything and he has always been knowing we are going at some point....it just irks me that I have to ask for some kind written permission from him y'know.

In my case I made the appointment at the notary's office for him and paid for it too. That helped.