Waiver - Consent letter from bio-father

[donmerlin 0]

Now that our NOA2 has arrived, I'm focused more on another hurdle. My fiancee has some bad blood with her ex, so we may not be able to persuade him to provide a consent letter to let his son leave China (despite the fact that she has provide 100% support for her son without any help from ex for the entire 7 years of her son's life). Is there a waiver process for bypassing the father's consent letter?

I've already reviewed the Hague Convention article that was established to prevent child abduction, but I think this is far from child abduction. In our case, the bio-father has chosen not to take part in the child's life. In 7 years, he's only seen the child 4 times (and only because the ex's mother wanted to see him). He's never sent gifts or provided financial aid in any shape or form. He has never expressed an interest in actually being the child's father. Given his lack of care, it's not far-fetched to think he may wish to decline signing a consent letter simply out of spite (some people are just bad people).

The country we're dealing with is China, since I know that rules vary from country to country. How can we justify a waiver to the consent letter?

[john_and_marlene 162]

Now that our NOA2 has arrived, I'm focused more on another hurdle. My fiancee has some bad blood with her ex, so we may not be able to persuade him to provide a consent letter to let his son leave China (despite the fact that she has provide 100% support for her son without any help from ex for the entire 7 years of her son's life). Is there a waiver process for bypassing the father's consent letter?

I've already reviewed the Hague Convention article that was established to prevent child abduction, but I think this is far from child abduction. In our case, the bio-father has chosen not to take part in the child's life. In 7 years, he's only seen the child 4 times (and only because the ex's mother wanted to see him). He's never sent gifts or provided financial aid in any shape or form. He has never expressed an interest in actually being the child's father. Given his lack of care, it's not far-fetched to think he may wish to decline signing a consent letter simply out of spite (some people are just bad people).

The country we're dealing with is China, since I know that rules vary from country to country. How can we justify a waiver to the consent letter?

You need either the consent letter or a court ruling--there is no waiver.

[Rob & Jin 0]

if she has full custody a consent letter is not required.

[pushbrk 12,881]

if she has full custody a consent letter is not required.

Right, and if she doesn't have it, getting the court ordered full custody in China will be easier and probably much cheaper than the consent.