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my ex partner is taking my child to south africa

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Jun 7th, 2011, 05:00 AM
  #1
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my ex partner is taking my child to south africa

my ex partner is taking my 4 yr old to s,africa and has told me she is not returning she is s,african and has family there can anyone let me no if there is anyway i can stop this im on my childs birth certificate she has had mental health problems in the past
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Jun 7th, 2011, 05:22 AM
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What country are you in? Where is the child resident? Do you have any form of joint custody order?
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Jun 7th, 2011, 07:17 AM
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no we dont have a joint order we live in scotland
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Jun 7th, 2011, 07:32 AM
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1. See a solicitor immediately-make an appointment today. Seek out a solicitor who specialises in child issues-I imagine that the Law Society of Scotland has a list on their website. In England and Wales you would be able to apply for Legal Aid but it would be means tested.Take with you proof of your benefits or income
2. Repost this on the Europe site- there are Scottish lawyers who post there.
3.You can ask the court to decide whether your daughter should go to South Africa. No-one can tell you whether or noy you will succeed as it will depend on so many different factors-e.g. the part you and your family play in her life, whether you have done this consistently since she was born, whether any part of your relationship with her mother was characterised by violence drugs alcohol or anything which would affect her well-being, how often you could expect/afford to see her if she left, why her mother wants to go, who she would live with or have supporting her there, who she would live with if she didn't go(for example your application to the court could involve asking that she comes to live with you-that has been known to knock plans such as this on the head before now.
4. If you feel that there is a realistic danger that your former partner will leave before the court can make a decision there are emergency proceedings which can be brought.
DO IT NOW!
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Jun 9th, 2011, 03:41 AM
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Report the matter to child welfare authorities in your area.

They will take appropriate action if anything is needed.

What is best for the child should be paramount

Usually entry is not allowed without notarized written permission

Of the missing birth parent.

They are quite strict about it in most countries these days.
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Jun 9th, 2011, 07:27 AM
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Technically the traveling parent has to have permission from the parent not with them to have written authorization to travel with the child out of one country into another. That's how it should be.

However, many people who intend to take their children without permission may get passports for the child/ren of the country they'll be entering and then no one asks.

Bests you contact a solicitor who handles such situations and do so now!
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Jun 9th, 2011, 08:10 AM
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One of the requirements for entry into South Africa is:

"In addition, a parent travelling with children, WITHOUT the other parent, will need a letter of consent from the absent parent. The letter of consent must be certified by the police"

Although how well this is enforced or monitored by the SA Immigration Control is anyone's guess.
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Jun 11th, 2011, 01:03 AM
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I was at customs once and there was a very young asian girl who carried the smallest flute case I had ever seen. The customs agent spoke to the man with her, then asked the man to get her to sit on the counter. He asked her where her mommy was. I don't have an answer to your question I am sorry, but I just wanted to point out that Customs are aware of things like children being taken out of the country without one parent's approval so it may make it harder for her to take your daughter.
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Jun 11th, 2011, 11:09 AM
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When I took my grandaughter from NYC to London for a holiday in January the immigration officer asked for my letter of permission from her parents. He was surprised that I had it and it was noterized. Looks as if immigration is getting more careful at least in UK.
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