Statements of sole custody for travelling abroad??

[angi21]

When I travelled to Canada with with my daughter (who was 2 at the time) i was taken into immigration in Toronto and told that I had to show consent from her father to allow to enter Canada, and I was almost returned to the UK on the nest flight!!!! Although her father and I had split up, it had never occurred to me that I would need something like this to enter a foreign country as we are on very good terms (still are!)

He is due to go to Afghanistan in July for 7 months with the army, and I am wondering whether he needs to be present when I get something official from a solicitor to say that I have sole custody? I have relations in Canada who are unwell and may need to travel at short notice. Thanks for any help!

P.S. I am in Scotland, just in case it makes any difference

[redcrx]

i dont know it Scotland is different but if he has parental responsibility (ie you were married or he is on birth certificate) then sole custody may not make much difference (as you found out prior)

I have known parents write letters giving grandparents the ability to take children to doctors and make decisions etc when the parents have been away. Im sure your ex can write something similar to cover you should you need to travel at short notice.

[angi21]

That had never occurred to me, but thanks for that suggestion. Do you thin it would be best to speak to Citizens advice just incase?

[redcrx]

I would, or a solicitor. That way you should have all relevant information to hand should you get any questions at immigration.

I was questioned when i had my daughter in my arms at a turkish airport, luckily my partner (her father) was in the queue behind. I suppose there are too many news stories of children being removed without parents consent and the airports are being a bit more careful

[Buenchico]

(2-part answer):

From the content of your post I'm assuming that your daughter's father has 'parental responsibility'. That will be automatic if you were married to him when your daughter was born. It will also be automatic if your daughter was born on or after 4 May 2006 and you jointly registered her birth with her father. (That date applies in Scotland. If you were in England or Wales at the time of her birth, the relevant date is 1 December 2003). He could also have obtained parental rights via a court order.

If you don't have a formal residence order, granted by a court, you will be committing a serious criminal offence, under the Child Abduction Act 1984, if you try to take your daughter out of the country (even for a day trip) without her father's consent.

If a court has granted you a residence order (as seems likely from your reference to 'sole custody') you can take your daughter out of the country for up to one month at a time without her father's consent. (If you attempt to take her out of the country for longer, without consent, you will again be committing a serious criminal offence).

[Buenchico]

All of the above refers to UK law (including that of Scotland), rather than directly to that of Canada. You should ensure that you have a copy of your residence order, granted by a court, when travelling. (If you don't take the original document you will probably need to get a solicitor to certify any copy which is made).

The Canadian authorities will also accept a copy of your residence order (='custody decree'), together with an appropriate letter. (That letter normally needs to be signed by both parents but, since you have sole custody, you can sign it on your own). See under "If a minor child is travelling with one parent only", here.

The documentation you require should have already been issued by a court, so there will be no need for your former partner to attend a solicitor's office with you.

Chris

[Buenchico]

Oops!

Sorry, I forgot to include the link!!!
http://www.canadainte...v-can_18_voy-can.aspx

[angi21]

Wow!! Thank you very much Chris, that is fantastic. I am not planning to travel, but as you know unexpected thing do crop up! i just didn't want to be in the same position again, as it was quite terrifying to be threatened with on the spot removal from the country! I know that there are good reasons for the immigration to question me. Thanks so much for everyone's help!!!