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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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#21
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In article ,
Invisible Man wrote: 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. Disclaimer - I'm not a lawyer. The best information I've been able to find indicates that it's "UK" rather than "England+Wales". -patrick. |
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#22
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Patrick Gosling wrote:
In article , Invisible Man wrote: 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. Disclaimer - I'm not a lawyer. The best information I've been able to find indicates that it's "UK" rather than "England+Wales". -patrick. Before it got snipped I believe I started with "The last I heard:" I am too busy to research properly but looks like Europe has got involved in the meantime: http://www.journalonline.co.uk/article/1002713.aspx |
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#23
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On Mon, 11 Feb 2008 12:20:06 +0000, 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. Mike. Do I need the fathers consent to hyphernate the surname? Is this done by Deed poll? I don't think that the name of a minor can be changed by deed poll. In any case, AFAIK the name on a minor's passport can only be the same as that on the birth certificate. BICBW. -- Humbug |
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#24
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On Mon, 11 Feb 2008 19:30:07 +0000, 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. Is the father German? Is your fiance German? I may be remembering this wrongly, but when my stepchildren and my daughter were young, they were all eligible to have German passports (which at the time were cheaper than British passports) so my German wife decided that that was what they should have. IIRC, Their German passports all had her maiden surname, as had hers, although none of them had the same name as that on their birth certificates. When she had to renew her own German Passport, she found that she could not change the name, because she hadn't been married in Germany .... If you marry a German national in Germany, the rules about your name and your children's names may be different. 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. I would never send my passport, or any of my children's passports, to a supposed holiday company. Wasn't there a feature on Watchdog recently about a holiday company refusing "family" rates to an extended family of about 30 people because they couldn't prove they were all actually related? -- Streifendeminzbonbon |
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#25
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On Tue, 12 Feb 2008 01:30:08 +0000, Zhang DaWei
wrote: On Tue, 12 Feb 2008 00:35:04 +0000, Humbug wrote: In any case, AFAIK the name on a minor's passport can only be the same as that on the birth certificate. Not so. The names aren't the same in the case of my son (though his birth certificate is a Chinese one, as is his passport.) Maybe I should have said UK passport then. I can't tell what a Chinese passport (or birth certificate) looks like. -- Humbug |
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#26
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On Feb 12, 12:35 am, Humbug wrote:
On Mon, 11 Feb 2008 12:20:06 +0000, 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. Mike. Do I need the fathers consent to hyphernate the surname? Is this done by Deed poll? I don't think that the name of a minor can be changed by deed poll. In any case, AFAIK the name on a minor's passport can only be the same as that on the birth certificate. Adoption? Marriage? (of the 16 year old minor) Apart from those exceptions, are you sure? I would be slightly surprised. My understanding was that the law was fairly vague about what name a passport could be issued in, the passport office just need to be sure that the /right/ name is used (and to that end, they want a documentary chain of evidence from the birth certificate to the current name), |
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#27
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In article ,
Invisible Man wrote: Patrick Gosling wrote: In article , Invisible Man wrote: 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. Disclaimer - I'm not a lawyer. The best information I've been able to find indicates that it's "UK" rather than "England+Wales". -patrick. Before it got snipped I believe I started with "The last I heard:" Indeed - no criticism was intended. -patrick. |
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#28
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#29
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#30
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"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? Squeaks: You should carry the children's passports plus (originals of): - your own birth certificate - the childrens' birth certificates (on which I presume you are named in your first husband's surname?) - your marriage certificate from your first marriage - your decree absolute if your first marriage ended in divorce - a copy of the court order granting you custody of the children - your marriage certificate from your second marriage With these documents you will be able to prove that you are in fact the mother of the children. . It might also be an idea to consult your solicitor about getting a paper drawn up, signed by your ex, giving you permission to take the children outside the UK as you see fit. T |
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