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Bringing Fiancee and her Child to the UK

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1 Bringing Fiancee and her Child to the UK on Mon Jan 24, 2011 4:16 pm

Breakfast


Arresto Menor
My fiancee (living in Cebu) should, hopefully, get her annulment soon, She was one five year old and that child is living with her. I am financially supporting both of them.

After the annulment she will have to apply for sole custody, which she does expect her then ex-husband to contest.

My question is, what is the best way to show to UK immigration authorities that my fiancee has 'sole responsibility' for the child?

Is there any recognised court procedure in the Philippines to establish 'sole responsibilty' and can this be done as part of an application for sole custody, or can my fiancee draw up a private but notarised legal document between herself and the child's father. to establish 'sole responsibility'?

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2 Re: Bringing Fiancee and her Child to the UK on Tue Jan 25, 2011 11:43 am

attyLLL


moderator
the husband is not contesting the annulment? is this some form of package deal? custody of the child should be included as one of the issues in the annulment proceedings. if not, one option is to file a motion after the judgment is promulgated.

there is no administrative method to strip the father of his parental rights. it has to be done through the court.


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3 Re: Bringing Fiancee and her Child to the UK on Tue Jan 25, 2011 6:20 pm

Breakfast


Arresto Menor
No, the husband is not contesting the annulment. My fiancee is also not claiming any maintenance from him, nor any share of marital property.

My fiancee is the petitioner in the annulment proceedings based on the 'psychological incapacity' of her husband. The child is aged five.

'Sole resonsibility' is a term used by the UK Immigration Authorities and my fiancee needs to show she has 'sole responsibility' of the child in order to bring him to the UK.

The father has no little or not contact with the child now, has no say in his life and does not contribute financially.

I appreciate that the father's parental rights could probably not be stripped outside of a courtroom but some indication from him may be all that is necessary to demonstrate to the UK immigration authorites that he has no involvement in the child's life.

Someone has told me that lawyer firms in the Philippines have a pro-forma document for this, but I have been unable to verify this.

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4 Re: Bringing Fiancee and her Child to the UK on Wed Jan 26, 2011 5:16 pm

attyLLL


moderator
there is a pro-forma affidavit to show that you have sole responsibility. wouldn't it be easier to just inquire with Uk authorities what they will accept as proof?


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