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Did the court say they can't do anything or you're just guessing they would say this just because the mother has absconded? The fact is she's still in the country and the court can serve her at her family's house. Go ahead and apply to the court for an access order in the meantime whilst you apply for your child's passport.maryanna wrote:Thank you for your responses. most appreciated.
If I could give you some background to put in perspective because it is a bit more complicated.
Mother was initially a student. Got married and Home Office gave her 2 years to live in the country. They also gave my son 2 years at the same time. Son born before the marriage.
I am on birth cert. Goal: do 2 years as husband and wife go back to home office get stamp for indefinate leave into the country.
However, marriage broke up months after. Gun to my head if I do not continue with marriage. I disagreed so shoot me. Consequently, I wrote to the home office that marriage broke down and then they they said she must leave even after appeal.
Problem: they also had a seperate letter for my child to leave also. The passport for my child came was during the 2 year probationary period which the mother has.
I had no choice but to write to the home office or i would have been dead of end up in prison. I would be no good for my child that way. the environment was not good for the child. I did what I had to do to get her away from me.
after the appeal decison the mother has run off with my child and is somewhere in the country. I have applied for custody for my child but the courts cannot do anything because they dont know where she is. Her family knows where is though but they told me i am not going to see my boy again.
please advise.
Seems to me that you have taken all necessary steps. Now, that you have a PSO, I don't see any reason why you shouldn't contact immigration to let them know of this. They are the only ones who can stop your child being taken out of the country on departure.maryanna wrote:Hi Twin, thanks for your response. I have prohibited steps in place thank goodness. The even said she could still slip out of the country. A lot of confidence that gives me.
I have served orders on a family member but the judge said that it is more effective to serve on mother. And that there is not much the courts could do if they do not know where she is. The judge said the order has to be served in the mothers hand. Personally, I think men do not stand a chance in this country when it come to caring for ttheir children.
I can confirm that the visa has run out which was dated last year. Please tell me that I will see my child again. It is unbearable to think I will not.
The court is telling me today that they can't do much because they dont know where she is. Do I have any options please?
why would you want to appeal your child being British? It doesn't matter who applied be it mother or father. The most important thing of it all is that your child is British and therefore you can start legal proceedings against the mother or the Home office removing him/her with the mother.maryanna wrote:Hi all, thanks for your reponses. This is a very helpful site.
The mother is from the Carribean so not sure if the Hague convention applies. I tried to apply for a British passport but the passport office turned be down because the mother already has one. I thought that she was not allowed to get a British passport because she still under marriage visa. I being British thought I should be able to obtain one. But the mother got the UK passport before she Home Office said she had to leave the country.
I believe they are still in the country. Court will do nothig because they dont where she is. I have already served wife's mother (disclosure of whereabout for missiing persons) Even then the court cant for her to disclose.
Have the passport office made a mistake by issuing a British passport to the mother?
And can I appeal against this decision?
Thanks for your help.