Rights of Access to a Child

moe80 · Post by **moe80** » Wed Oct 12, 2011 2:58 pm

Hi,

My ex-wife has been given leave to remain for humanitarian protection and is now living in the UK with my child. She does NOT have permanent residence. Can I apply for leave to remain in order to have access to my child?

Post by **Lucapooka** » Wed Oct 12, 2011 3:18 pm

Does your ex-wife wish you to have access to the child?

moe80 · Post by **moe80** » Wed Oct 12, 2011 3:28 pm

Lucapooka wrote:Does your ex-wife wish you to have access to the child?

No, she doesn't. But I believe that I can get a court order for contact. Because there is no legal reason that prevents me from having contact.

Post by **Lucapooka** » Wed Oct 12, 2011 3:35 pm

Okay, so that is your starting point. You can't get the visa without court-ordered access rights (well, you can, but that would require your wife's complicity). It's a family law matter for the time being.

moe80 · Post by **moe80** » Wed Oct 12, 2011 3:41 pm

Lucapooka wrote:Okay, so that is your starting point. You can't get the visa without court-ordered access rights (well, you can, but that would require your wife's complicity). It's a family law matter for the time being.

The reason I asked the question is because the home office website states that the other parent of the child should be a permanent resident. Do you know if I would still be eligible? I intend to start the process for the contact order soon as I have heard that it can take many months.

Post by **Lucapooka** » Wed Oct 12, 2011 3:44 pm

No, it does not say that. Read the wording of the requirements.

246. The requirements to be met by a person seeking leave to enter the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:

(i) the applicant is the parent of a child who is resident in the United Kingdom; and

(ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and

moe80 · Post by **moe80** » Wed Oct 12, 2011 3:59 pm

Lucapooka wrote:No, it does not say that. Read the wording of the requirements.

246. The requirements to be met by a person seeking leave to enter the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:

(i) the applicant is the parent of a child who is resident in the United Kingdom; and

(ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and

Thank you very much. You're right. I didn't read the requirements correctly.

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Rights of Access to a Child

Rights of Access to a Child