[Solved] Child Arrangement - MIAM
circumstances as follows
my wife and stepdaughter (age 16) were born abroad (africa) and became british citizens last year
my wife was never married to the biological father and lost contact with him a number of years ago
my wife and stepdaughter intend to travel back to their home country during the summer holidays
As I am not the bilogical father then as I understand it we need a court order to allow international travel
so I beleieve we need to make a C100 form application in order or the child to travel (prsumably as a 'specific issue'
I dont undertsand if/why we would have to go down the mediation route, as i am assuming that in this instance the biological father is considererded the 'respondent', so there is no one to mediate with, do we still need to use a mediator in this circumstance, prior to going to court ?, it appears to be what the C100 form suggests
any advice would be appreciated
I’m assuming the bio father lives here in the UK. It might be helpful to give UK Customs a call and explain that the whereabouts of the father have been unknown for years with no contact. They may be able to give you some alternative advice, or they may tell you that you need to apply to court.
For court, if you’re able to make an application without the father present, the application you should make is for a Specific Issue Order, if you are having difficulty filling in the form, you may be able to get help from a Personal Support Unit, if there’s one in the court. I’ll link you to their website.
If that’s not possible, I would fill the form out to the best of your ability, write unknown for the respondents details and leave the mediation section blank. Explain the situation in the box that asks why you’re making the application and if you run out of room you can continue it on a separate A4 sheet of paper, with your name at the top. It would also be advisable to take the form into the court in person and talk to the office staff about your application, hopefully they will look it over and allow you to submit it, I’m really not sure about it though.
If you’re having difficulty, some solicitors offer a free initial consultation, the CAB can also advise you on these matters.
Best of luck
As the summer holidays are almost upon us, you’re time limited, if your wife were to make an urgent application, the need to attend mediation can be bypassed.
If the court requires the respondents whereabouts, I’m not sure how you would proceed to be honest... I think in that case the best bet would be to get a solicitor involved.
All the best
many thanks for your replies
the bio father is from my wifes home country in Africa, dont know of his wherabouts, its a little unclear around this are
I/we have not been a position of needing to apply to court for anything, so process and procedure i am unsure of, and this area partivularly appears a bit vague in terms of what i am reading, especiially around the mediation area
apologies if this is a naive question, but us thyere a way of formally contacting the court, to see how to raise a court order as stated, never been in a court for any reason
would airports even stop you travelling with your wife or stepdaughter? i dont think they will. i just checked british airways site and it states a child can travel alone if their 14 years old and above.
If the young flyer is accompanied by someone who is aged 16 or over (on the same or a linked booking), British Airways will still allow them to travel.
- All young flyers aged under 16 and travelling alone must complete a parental/guardian consent form before travel, regardless of when the booking was made.
as mojo, mentioned better to get some legal advice. it might even save you money, from having to get a court order in the first place.
The form you would need to make an application is the C100 form, it costs £215 to submit it, but that’s the only cost you would incur if you represent yourselves, instructing a solicitor or direct access barrister would cost considerably more. You can download the form and print it off, or pick one up from the court office.
You can give the court a call or the PSU, which is also situated in the court building. Explain that the whereabouts of the father are unknown and that it’s likely he is in Africa. Ask if you are able to make an application to take the child abroad in these circumstances.
I would also give customs/passport control a call, they may be able to give advice.