[anicelady]

Hello all,

I am a US citizen presently applying for my son and I to join my husband in the UK. My son is 17, and has been diagnosed a High-Functioning Autistic since age 5. His biological father voluntarily relinquished legal and physical custody of our son in a consent order in 2014.

Does the consent order sufficiently meet the criteria for bringing a child to the UK?
My lawyer made sure to specifically note that I have consent to move to the UK, and that the biological father is restrained from contacting our son at any time.
Additionally: my son is not close with my family in the US (they have little to no involvement with my son, despite my requests for more from them.) I am not certain what role Autism would play, if any, and I have included its disclosure in case you feel it could play a mitigating role.

Further: due to it being a consent order and not an in-court meeting, I have only received a pdf of the form. Will a print-out be sufficient for visa purposes? If not, do I contact my lawyer or the courthouse to obtain the original?

Thank you in advance.

 

[HKG3]

Hello all,

I am a US citizen presently applying for my son and I to join my husband in the UK. My son is 17, and has been diagnosed a High-Functioning Autistic since age 5. His biological father voluntarily relinquished legal and physical custody of our son in a consent order in 2014.

You will need to start your son's UK family visa application process as soon as possible. After your son reaches 18, he will need to apply for an UK visa in his own right.

 

[AmyD]

You need a court order with a stamp and a judge's signature.

 

[nyclon]

You need to demonstrate that you have sole custody and you'll need an original document or one certified as original by the court. A PDF is not sufficient.

 

[anicelady]

Hello all, thank you for confirming what I thought was the case. I've already put in the certified, sealed copy request to the court.

You need to demonstrate that you have sole custody and you'll need an original document or one certified as original by the court.

Just to clarify: do you mean in addition to the proper court form, I need demonstrate that I had sole custody in action e.g. doctor visits, tax returns, schools decisions made solely by me?
TIA.

 

[nyclon]

I don't know what a consent order is or what it means so if this grants you sole custody then it's fine.

 

[anicelady]

It means the defendant and I came to an agreement where I was given sole legal and sole physical custody, and the defendant voluntarily rescinded his rights. It was then legally evaluated and signed by a judge.
I wasn't sure if this agreement had the same strength as a court order determined by a third party instead; or indeed if we even needed a copy with a court seal given the judge's job was just to ensure we had agreed on something in a legal fashion. I guess we'll find out the hard way, but I'm happy to entertain thoughts on the matter.

 

[skyf]

In UK a Custody Order(issued by a Judge in Court) is usually awarded to one Parent ( often Mother) with Care and Control being shared jointly. In very rare cases does the Control remain with just One Parent. A parent wishing to leave the Country with child for long periods often requires the Consent of the other Parent, or Court.

The Legal ramifications in the US may be quite different, however it would be wise to check. It would be very distressing if at the Airport, you were prevented from leaving with your son.

 

[Joppa]

The word custody is no longer used in favour of contact and residence. So contact order and residence order rather than custody order. This follows the passing of the Children's Act 1989 and subsequent revisions.

 

[KristenJune]

Hi.
I went through a similar issue. Dont know what State you live in but I was in NC and was able to get a court order to terminate the fathers parents rights.

Here is a link to the NC penal code. G.S. 7B-1111.
Dont know if you have anything similar or if any of the exceptions are relevant to you.

I placed a original certified copy of the court order signed by a judge in with my application and added an explanation of the facts in our letter of introduction together with a copy of the penal codes. I was also able to prove that I have supported my child, financially, physically and emotionally from a very young age (now 11). Our visa was granted without any issues.

I make sure I always travel with a copy of the court order in my passport should any questions be asked.

Good luck.

 

[anicelady]

Thank you all!

 

[anicelady]

KristenJune, were you able to get to the UK without issue?

 

[KristenJune]

KristenJune, were you able to get to the UK without issue?

We did not have any issues and we arrived here last summer.

Good luck with your application.

 

[anicelady]

Thanks! Looking into the abandonment statutes was a very good tip.