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| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
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#11
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On Feb 11, 12:15 pm, Squeaks wrote:
On Feb 11, 12:45 pm, Mike wrote: On Mon, 11 Feb 2008 10:20:14 +0000, RobertL wrote: My wife kept using her maiden name after we married, but our (2 year old) daughter has my surname. This means that their two passports have different surnames and no obvious link. She was stopped entering the UK by the iimmigration official who, quite reasonably, wanted an explanation of how the child was connected to her. I'm not at all sure that this behaviour by the immigration official was reasonable. It's not uncommon nowadays for a married woman to choose to keep her own name and for children to be given one or other of the parents' names. My experience is that this practice is becoming more widespread. Thus it's likely that an increasing number of mothers/fathers/children will have different names. Not to speak of the large number of parents who never marry. My partner never had any problem taking our son through immigration (he has my surname), but she probably didn't start doing that alone until he was in his teens. But if the immigration officials let people through with children with different names, anyone could therefore take your child and leave the country. It is common that people have different names to their children, but so is the trafficking of children, therefore the immigration official was doing his/her job properly. I think that asking the question was probably reasonable, but there's not need to go any further. Trafficking children isn't /that/ common, and I believe that the /majority/ of first children are born to parents who are not married to each other. I wouldn't worry about it. I would have thought: "They are my children from my previous marriage. I have since remarried, but they have kept their father's surname," would be sufficient explanation for an immigration officer. I did meet one couple where the mother had kept her married name (because of the children), and then the new husband had changed his name to hers. They thus ended up sharing a surname which /neither/ had been born to. |
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#12
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"TT_Man" wrote in message
... "Squeaks" wrote in message ... I am getting married next month and will be taking my Husband's name. My children both have their father's name (my ex husband)which I would like them to keep. Will it cause problems travelling with children with a different surname to me on the passport? If so, is there any way around this ie hyphonating the name so they have my surname and their father's surname? What are the legal implications and would I need their father's permission? Yes, you must get written consent in case you are challenged... Anyone got a good template ? -- FERGUS O'ROURKE www.irish-lawyer.com (Not just law stuff) |
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#13
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Roland Perry wrote:
In message , at 12:15:07 on Mon, 11 Feb 2008, Squeaks remarked: But if the immigration officials let people through with children with different names, anyone could therefore take your child and leave the country. It is common that people have different names to their children, but so is the trafficking of children, therefore the immigration official was doing his/her job properly. When they introduced separate UK passports for children the main risk they *claimed* to be averting was the abduction of children by one parent, without the permission of the other. They seemed to believe that the parent with custody would keep the childrens' passports in a safe place, so if the other (estranged) parent wanted to run away with the children, they could not be taken overseas[1] as a result of having an entry in that estranged parent's passport. If that is their threat model, then having paperwork that proves that the estranged parent is a true parent of the children, doesn't help *at all*. Meanwhile, it is my understanding that passports for children under 15 [cite required] have to be signed by a parent (not the child). That's a quick way to ensure that the parent and child are "connected", especially if the parent with custody ensures they are the one who signed. I know this is a legal group, but there are some families in the UK where the parents are still married. If I sign the chilren's passports but my wife takes them on holiday, and she didn't change her name when we married, then the same problem exists. Not that this matters to me, as they are both in their 20s now. The absence of an official scheme to link passports of one individual to another (eg parent/child)[2] says to me that there's no perceived need for such a thing. [1] Which of course begs the question of how many such 'abductions' involve overseas trips. [2] Which would be trivially easy because passport applications for children have to quote the parent's passport number. This cannot possibly be a significant problem or there would always be thousands of people backed up at Dover, waiting for permission to leave the country with their children, their grandchildren, their nieces and nephews, their children's friends, etc. Never mind school trips. -- David |
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#14
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In message , at 14:05:06 on Mon,
11 Feb 2008, Owain remarked: I am getting married next month and will be taking my Husband's name. My children both have their father's name (my ex husband)which I would like them to keep. Will it cause problems travelling with children with a different surname to me on the passport? Children travelling on a parent's passport is a somewhat out of date concept, they should have their own. .... which will have a different surname to that of their mother. I think the OP is worried this difference in surnames may cause suspicion of international child abduction if they take a day trip to Calais. Guilty until proved innocent, how very reminiscent of the times we live in. What worries me is why the risk of abduction is apparently higher if the names *don't* tally. All the fuss seems to be about estranged parents where you would expect the *same* name. What happens (and this is a true example from my own family) when Mother-in-law takes her grandchildren on a trip. She doesn't have the same surname, nor any other easily provable custody (other than the combined assertion of her and the kids). -- Roland Perry |
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#15
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Squeaks wrote:
I am getting married next month and will be taking my Husband's name. My children both have their father's name (my ex husband)which I would like them to keep. Will it cause problems travelling with children with a different surname to me on the passport? If so, is there any way around this ie hyphonating the name so they have my surname and their father's surname? What are the legal implications and would I need their father's permission? The last I heard: If you were married to the children's father when they were born he automatically has "parental responsibility". If this is the case then: You could change their names but their father could object. If the children are minors nobody can take them out of the court's jurisdiction (England and I believe Wales) without the permission of both parents. I used to have to ask my ex-wife before I took mine abroad. |
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#16
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In message , at 17:35:05 on Mon, 11
Feb 2008, Invisible Man remarked: If the children are minors nobody can take them out of the court's jurisdiction (England and I believe Wales) without the permission of both parents. I used to have to ask my ex-wife before I took mine abroad. That must be really difficult if you live in Cornhill-on-Tweed and do your shopping in Coldstream. http://maps.google.co.uk/maps?f=q&hl...006,-2.237864& spn=0.041649,0.160675&z=13&om=0 -- Roland Perry |
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#17
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Roland Perry wrote:
In message , at 17:35:05 on Mon, 11 Feb 2008, Invisible Man remarked: If the children are minors nobody can take them out of the court's jurisdiction (England and I believe Wales) without the permission of both parents. I used to have to ask my ex-wife before I took mine abroad. That must be really difficult if you live in Cornhill-on-Tweed and do your shopping in Coldstream. http://maps.google.co.uk/maps?f=q&hl...006,-2.237864& spn=0.041649,0.160675&z=13&om=0 I suspect a general permission would have been acceptable. Whilst most of my relatives live in Scotland I never took the children there. Scotland does however have a different legal system so it would be taking the children out of the English courts jurisdiction. |
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#18
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On Feb 11, 5:35*pm, Invisible Man
wrote: Squeaks wrote: I am getting married next month and will be taking my Husband's name. My children both have their father's name (my ex husband)which I would like them to keep. Will it cause problems travelling with children with a different surname to me on the passport? If so, is there any way around this ie hyphonating the name so they have my surname and their father's surname? What are the legal implications and would I need their father's permission? The last I heard: If you were married to the children's father when they were born he automatically has "parental responsibility". If this is the case then: You could change their names but their father could object. If the children are minors nobody can take them out of the court's jurisdiction (England and I believe Wales) without the permission of both parents. I used to have to ask my ex-wife before I took mine abroad. Myself and my children are British with British passports but live in Germany so do a lot of travelling back and forth to the UK. Their Father is in the UK and still has parental responsibility. My understanding (and the T&C's in a lot of holiday brochures upon booking travel) is that if you were travelling with someone elses children, you have to have in your posession a letter of consent from the parents. You are also required to do this to visit some countries with your children if the other parent is not accompanying you. The reason I asked this question in the first place is because I was looking at a holiday brochure and to make a family it stated that you had to send them family ID documents and in brackets it said passports to prove that the children are your own. |
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#19
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On Feb 11, 7:30*pm, Squeaks wrote:
On Feb 11, 5:35*pm, Invisible Man wrote: Squeaks wrote: I am getting married next month and will be taking my Husband's name. My children both have their father's name (my ex husband)which I would like them to keep. Will it cause problems travelling with children with a different surname to me on the passport? If so, is there any way around this ie hyphonating the name so they have my surname and their father's surname? What are the legal implications and would I need their father's permission? The last I heard: If you were married to the children's father when they were born he automatically has "parental responsibility". If this is the case then: You could change their names but their father could object. If the children are minors nobody can take them out of the court's jurisdiction (England and I believe Wales) without the permission of both parents. I used to have to ask my ex-wife before I took mine abroad.. Myself and my children are British with British passports but live in Germany so do a lot of travelling back and forth to the UK. Their Father is in the UK and still has parental responsibility. My understanding (and the T&C's in a lot of holiday brochures upon booking travel) is that if you were travelling with someone elses children, you have to have in your posession a letter of consent from the parents. You are also required to do this to visit some countries with your children if the other parent is not accompanying you. The reason I asked this question in the first place is because I was looking at a holiday brochure and to make a family it stated that you had to send them family ID documents and in brackets it said passports to prove that the children are your own.- Hide quoted text - - Show quoted text - I meant 'to make a family booking' |
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#20
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Roland Perry wrote:
In message , at 10:20:14 on Mon, 11 Feb 2008, RobertL remarked: The simplest solution seems to be to carry the marriage certificate or child's birth certificate so that a link can be established between the two surnames. That'll be one of those modern birth certificates that say at the bottom "this is not proof of identity", I suppose?? And which the British Government use as proof of identity? -- John Briggs |
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