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mann81 · Apr 30, 2012, 02:55 PM

Hi I want to send my daughter 12 to india for study. I am divorced from her father for 9 years. He has been giving child maintenance by child support agency until six month ago then it stopped, but he never tried to contact her in 10 years. In my divorce papers it has just been mentioned that there is no issue about the children's custody. What does this mean? Do I have sole parental responsibility of my daughter? Do I have legal custody of my daughter?
Can I send my daughter to india on student visa? Do I need to get any court order to send her abroad for study? Please help. Many thanks

cdad · Apr 30, 2012, 03:56 PM

Originally Posted by mann81

Hi i want to send my daughter 12 to india for study. i am divorced from her father for 9 years. he has been giving child maintenance by child support agency until six month ago then it stopped, but he never tried to contact her in 10 years. in my divorce papers it has just been mentioned that there is no issue about the children's custody. what does this mean? do i have sole parental responsibility of my daughter? do i have legal custody of my daughter?
can i send my daughter to india on student visa? do i need to get any court order to send her abroad for study? please help. many thanks

What it appears the courts were doing was making a statement to the status quo. So if you had full physical custody at that time and it seems it wasn't disputed. As far as legal custody that is normally a shared virtue between the parents except under extreme cases.

Since in today's world you will need papers for your daughter to travel you may want to get the courts permission. Also you need to be prepared to appoint a guardian for her in India. If you do take it to the courts then be sure to outline exactly the plan as you have it including a return date.

mann81 · May 1, 2012, 03:22 AM

Thanks for the answer, that was helpful. I think I have to apply for court order to get permission for my daughter to send abroad for study. What is approximate cost for the court order?
I have another question... my ex has never tried to contact my daughter since we got divorced or send any birthday card or any gift. But he has been paying £3 weekly maintenance through child support agency until Dec2011(he did not want to pay but he has to because CSA had applied). CSA can not fine where he locates since DEC 2011, so maintenance has stopped since Dec2011. My daughter do not wish to use his surname because he has not been there for her at all , so can I apply for court order to change her surname in these circumstances? What will the cost for both court orders and do I need to hire a solicitor to do so?

ScottGem · May 1, 2012, 03:39 AM

Costs vary for the type of orders you are asking about, but they are minimal, simply filing fees.

The problem you have is that you may need to get the father's permission. If you can't you need to show a good faith effort to get his permission and that may involve advertising in local newspaper, hiring a PI etc. Which can increase your costs. I would suggest starting with a consult with a solicitor.