i need ur help advice

[Sarah_N_Braydon]

this is more to single parents but didnt know if neone else would know !!

as some of u know i am a single mummy to Braydon but his sperm donnor is on the birth certificate (if ne one works out y i did that let me know) ne way his sperm donnor aint seen B since the 7th may and i am looking on going abroad next year and obv not sure if i HAVE to ask the sperm donnors permission for taking B out the country full stop or just for takin him out of the EU so if neone knows or knows a website if u could reply i would be so grateful

 

[Wobbles]

Abroad for what Sarah - To love?

I personally don't think he'd care or his mother from what I know so they wouldn't stop I do think he could question it if he was a 'father' & wanted to push it but given history hun I doubt it muchly!

I'm sure you don't need any 'permission' just a case of he could try to stop you ... I think but again I doubt it an if they did last minute if that is possible I'd doubt they would suceed!

 

[Wobbles]

Found this Sarah:

Hi Lorraine. I am not a solicitor or anything, but I have studied child law. Under the Child Abduction Act, a parent cannot take a child out of the UK without the consent of each of (1) the mother and (2) the father, if he has parental responsiblity for the child. Thus, to remove your children from the UK, your ex would need your permission.

A larger question is whether or not your ex has parental responsibility (pr) for your children. If you had been married at the time of their birth, he would have been given it automatically. However, because you were not married, and, by the sounds of it, your children were born before 2002, it is unlikely he would have pr automatically. He would therefore have to be given it either by the court, or by you agreeing with him to allow him to have it by means of a Parental Responsibility Agreement. [note that as their mother, you have pr automatically]

If your ex does not have pr, because you were not married at the time of the birth of your children, he actually has no legal relationship with them. This means that legally, he would not be entitled to make any decisions on their behalf. For example, if he signed a consent form from your children's school to allow them to take them on a school trip, it legally means nothing: it wouldn't protect the school from any complaint you may make for (eg) unlawful imprisonment if you subsequently objected to the school's actions!! If he doesn't have pr, he would not be able to consent to anything on their behalf - including, eg, medical treatment!

I have not studied this, but if your ex doesn't have pr, I would question whether he would be entitled to apply for a passport for your son - it may be that you are the only one entitled to do so (you would need to check with the passport office).

Note that the above is a brief summary of the law. If you have any court orders in place, such as a Residency Order or Contact Order, it could complicate the situation!

 

[Sarah_N_Braydon]

garry has PR so i cant then

 

[Wobbles]

Can that not be taken?

 

[Suz]

Do you think that he will say no?

Can you slap him with child support?

Then if he says no, tell him you will let him off the hook with child support if he lets you go.

(Sorry I don't know if you have child support in UK)

 

[vicky]

i would go and see a solocitor you can see ones for an hour for free or any other proffesional advice hunny, because what i read (i don't know the full story) Gary doesn't have any Pr towards Braydon