ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

EXERCISING RIGHTS TO A UK CHILD.

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
freedom4477
Newly Registered
Posts: 1
Joined: Sat Apr 13, 2013 12:00 pm
Location: UK

EXERCISING RIGHTS TO A UK CHILD.

Post by freedom4477 » Sat Apr 13, 2013 6:07 pm

hi everyone, i would appreciate some advice please.
i am pregnant and im a british citizen living in uk. i had a fling with a pakistani for a few weeks and fell pregnant.i found out after that he had overstayed a student visa by one year.he lied to me about everything. he was detained by immigration after being caught shoplifting , which he lied to me about and was locked up for 2 months, during which time i attended an immigration tribunal for him , and exaggerated the seriousness of our fling to help him as i felt i had to for the baby.he was refused. he applied for upper tier tribunal and was refused. they told him to return to his country and come bkk va proper channels.he returnned voluntarily 2 months ago and paid for his own flight. im assuming due to this he has a 12 month ban, now since returning he barely contacted me , only to find out when i was going for scan and what the sex is, he said previously that hes praying to god for a boy. i came to my senses when he left and realsied he had conned me. he tried sevral times to persuade me to marry him,live with him, etc whilst in the detention cenntre.so i told him its over, me and him, he refused to accept that i wasnt joking and told me its his baby. i told him the child would never go to pakistan, he again replied its his baby. this leads me to belive he wants to take the baby some day .so since then i have had minimal contact, he would message every few days,asking how i am, calling me love etc. i was short and sharp with him. then i had my 20 week scan.he knew about it as id informed previously. he bombarded me with meesages that morning i was in hospital. demanding to know is everythign ok, send him a pic of his baby, and is it a boy or girl. i simply sed everythign is ok and i dont have a pic, and they didnt tell me the sex. i blocked him on facebook , and he messaged saying why id blocked him etc. i said our relationship is over, he kept saying its his baby, he doesnt care about me,. he wants his kid. hes coming back for his kid,. and another message saying "i know its a boy..." so i informed him if i see him, i will phone the police and i have got back with an ex partner and the baby isnt his. he text and sed he will come bk to uk with his brother who is a lawyer and do a dna test. i blocked him there n then. i realise he could come back to exercise his parental right, but he would need the birth certificate or a copy of it with his name on it. am i right? if he doesnt have the childs name or sex it will be difficult for him to apply. if he waits 12 months and returns on another visa., can he make an application for contact or parental responsibility.? if i change my address prior to this what will happen. ? whats the chances of him being allowed back seeing as he overstayed initially? as far as i know he has no job and no money, depends on brother for money. how much money would he need to have to exercise his rights? also if he came on a student or visitor visa, or a family visa for some other relatives in this country, could he apply for contact order on these and then exercise rights to the child. i want nothing to do with him , as hes a liar and con artist. i have children already and they detest him.im considering relocating to another part of uk.also can his brother bring him here and demand a dna test. he has mentioned coming by a fake id prevously also. i know if i see him i should call the police annd alert them of my suspicions, i intend to have no further contact. hes causing me so much stress, i cant sleep at night, i will do everything to prevent this man from taking my baby.
thank you ,

classicminichelsea
Newly Registered
Posts: 4
Joined: Wed Dec 19, 2012 8:05 pm

Post by classicminichelsea » Mon Jun 03, 2013 4:44 am

Hello.

I am under the impression that if he can't prove that he has employment in his own country then they will not allow him in as there is no solid gaurantee he will leave again.
If he is not on the birth certificate then he has no legal responsibility over the child, but can however order a DNA through the courts if he has been given enough reason to believe the child is his. He will not be able to just claim the child. Only in extremem circumstances should Social believe that child would be better off with his father, then the father would be given full custody but again this would be very long winded and costly.
If he overstayed, that already provides a fair amount of evidence that he is unreliable and will not return.
If he is granted entry, which I would doubt and knows how to travel to your house, then I would advise that you move. This is mainly to limit any stress of him turning up unannounced.
A father has the right to know their child, if I was a man and a woman refused that I would go guns blazing, however if there is fear of abduction then you might be able to do something about it.
If you can prove that this child will be put at risk then you should stand a chance. I advise you to go to see a solicitor regarding this but beware they do charge about £120 per hour!

Amber
Moderator
Posts: 17506
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Post by Amber » Mon Jun 03, 2013 8:05 am

Please break that one paragraph up to make it easier to read.
Last edited by Amber on Mon Jun 03, 2013 3:29 pm, edited 1 time in total.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

azo
Junior Member
Posts: 59
Joined: Sun May 19, 2013 11:56 pm

Post by azo » Mon Jun 03, 2013 9:31 am

He can't legally take the child out of the country unless he has a passport for the baby and for that both parents must consent to the child having it and you should never give consent unless told/forced to by a judge. I do not know about the terms of him getting a passport via this countries embassy but the odds are they should require both parents consent.

This is because as long as the child has a valid passport it is deemed that both parents give consent for the child to be taken aboard.

If it does come to court you should get a lawyer and make him highlight the danger that their is a good chance that the child will be taken out of the country never to return.

However, in the mean time you should go to the nearest citizens advice bureau or book an appointment with them and ask them for advice they will offer free advice up to a point on your rights and what you can and can't do and even maybe able to point you in the direction of people who can do legal stuff for you free.

El shaddai
Member of Standing
Posts: 252
Joined: Sat Nov 08, 2008 2:03 pm

Post by El shaddai » Mon Jun 03, 2013 3:24 pm

I dont see any serious evidence to suggest that he will come and take the baby away from you. only what i can smell here is hatred, selfishness and self centered scenario.
If he happens to be the father, i dont think anything can change that fact either his name is on the Birth Certificate or not.
The unborn baby is the main concern here if you are done with him, fine but give him a fair chance to be part of his child's life if he's the biological father and willing to take responsibility because no COURT of LAW can deny him that right unless otherwise.

Good Luck!

Locked