Mother bringing a child from a previous relationship to Irel

[Latintraveller]

I am a British subject who will be marrying my future non-EU wife next month in Latin America. I plan to travel to Ireland next March and she plans to travel will shortly thereafter join me with her 9 year old son. Neither her or her son has been in Ireland before (I lived in Ireland from 1998 to 2003).

I understand that to issue a visa to a child Ireland normally requires permission from the child's father. The father is in a third country and has no contact with the child (except a very occasional phone call). Since the father didnt attend the registration of the birth he is not listed on either the child's birth certificate or the child's ID card. The mother doesn't want to contact him (if she is able) unless it is absolutely necessary. Can anyone shed any light on whether this situation will cause any problems in issuing the visa?

[EUsmileWEallsmile]

I suggest you contact the embassy and ask.

[Latintraveller]

Hi

I have been in contact with the embassy and received an ambiguous email back. We have also been in contact with a Solicitor and visited the Notary without receiving any concrete answers.

We are unsure if a signed and notorised affidavit is required or whether we have to get a court order by a judge (in Peru it may take months to get a court order, a situation which is not helped with the current judge strike).

The confusion largely arises from the fact that this page shows that an affidavit would be sufficient. http://www.inis.gov.ie/en/INIS/Pages/Join%20Family

In contrast this page here mentions (regarding spouses of Irish Citizens) "If you wish a child (under 18 years) from a previous marriage or relationship to travel with you, evidence that you have been given full custody and access rights to this child must be shown (Court Order)", but for EU Citizens (I am British) "parental consent where appropriate"
http://www.embassyofireland.co.uk/uploa ... 200109.pdf


If anyone has had any experience of this please advise me.

Thank you.

[frei]

In all cases the father of child if they were married must sign a consent document allowing him [child] to apply for the visa, if however she is the sole guardian of the child she is more than entitled to declare thus and then apply for the visa for the child. She does not need his consent in this case

[Latintraveller]

The Mother was not married to the child's natural Father. I guess you are saying that a signed and notorised affidavit is sufficient.

For reference. Have you been through this situation yourself, are involved in the legal field, are involved in immigration cases or work for the Irish embassy etc?

Thanks!

[frei]

Note: declaring sole guardianship might have to be through the courts, in Ireland it would normally be done through the commissioner of oaths and you wouldn't usually need to involve the courts in such matter, I do not know if a commissioner for oaths exist in Peru

[Latintraveller]

Thank you.

We have commissioners of oaths in Peru which are called Notaries so hence a document checked and signed by them is called a Notorised document.

Hopefully we will not have to get the courts involved (shouldnt really have to as the Father is not named on the Birth Certification and is not even residing in Peru) as it may take many months as the judges are on holiday in February and many are on strike now.

[frei]

The Mother was not married to the child's natural Father. I guess you are saying that a signed and notorised affidavit is sufficient.

For reference. Have you been through this situation yourself, are involved in the legal field, are involved in immigration cases or work for the Irish embassy etc.

Thanks!

I am neither an immigration advisor nor do I work for the Irish government departments, my uncle had done similar thing when the wife was applying for an Irish child passport for their son, in their case they are married so the form had to be posted to him in Ghana to sign and witnessed by a notary and then sent back to Ireland for submission.

I had this experience at the time

[Latintraveller]

Thanks Frei,

My smile is starting to return to my face with this glimmer of light. Just a thought though! Was your Uncle's experience recent or a fair few years ago?

[frei]

As I have said before it is the sole guardian who makes the declaration before the commissioner that is sufficient to get the visa for the child, the court is not involved in this matter.

[frei]

Thanks Frei,

My smile is starting to return to my face with this glimmer of light. Just a thought though! Was your Uncle's experience recent or a fair few years ago?

2 years ago, it still current as of now, it is a criminal offence punishable in Ireland by a fine or even imprisonment to make a false declaration. A sworn affidavit would be acceptable as a legal document to apply for the child's visa

[frei]

Where a person claims to be the sole guardian of a child and in order to comply with the terms of the Status of Children Act, 1987 it is necessary to complete the attached Affidavit form [AFF 1].



This should be completed in the presence of a Solicitor or Commissioner for Oaths.

Copied from a form


It is only when one parent don't have sole guardianship and cannot get signature of joint guardianship, would they go to court to get an order waiving the other parents consent.

[ImmigrationLawyer]

If the father's name is not on the Birth Certificate then I cannot see that his consent would be required. I would make the visa application without it. If the father's name is not on the cert then this usually means (in most countries anyway) that the father is "unknown" (!).