about my daughter and me moving to germany!!

Hello bubuchacha,

You had better find out exactly what the law in both countries requires you to do in order to take a minor child out of the country you are now in and German law regarding entry of a minor child or you could wind up with more headaches that you can possibly imagine.

It's a very strictly controlled process nowadays for a minor to travel in the company of one parent only, what with international child abduction and trafficking in human beings being what they are, almost every country in the world has signed the Hague Convention on the Civil Aspects of International Child Abduction. They have also since adopted their own very stringent regulations regarding immigration of minor children with a single parent. Unless they have been revoked by the courts, the fact that you and the child's father never married, have no bearing whatsoever on his parental rights. It is more complicated still if there are no legal arrangements regarding custody of the child, which is one thing that many single mothers mistakenly believe. They assume that since there is no marriage the father's rights do not exist, this is completely incorrect. Parental rights can only be removed by the courts.

Generally speaking, unless you have a court order granting you full custody of the child, you are either going to have the father's notarized permission or a court order to satisfy immigrations authorities in both countries. You may even require one or the other even if you do have full custody depending on local laws since legally the issue of child custody is NEVER closed and can be altered at any time. If the whereabouts of the child's father are unknown then it is quite likely you are going to need to apply to the courts for an order granting permission to remove your child from the country.

Another thing that you must also consider is that even if you do have full custody, the planned move outside the country (which could make visitation extremely difficult) can be used as legal grounds to apply for a change of custody, this is something that can provoke even the most remote father to seek to gain custody as opposed to losing contact altogether, so it shouldn't come as a big surprise to you. This is also a factor that the courts will take a serious look at before granting an order to permit the move, even if the child's father has not been paying support, the two issues (support & visitation) are legally separate issues and have nothing to do with eachother. Even a deadbeat dad can prevent an international move if he so desires.

If you don't have either one of those and you try to leave the country you could face serious criminal charges. Better safe than sorry, it doesn't cost anything other than a few phone calls to the immigrations authorities in both countries to find out just what the legal requirements are. And depending on the situation between you and the child's father (war or peace) it doesn't take more than a few phone calls from him to the immigrations authorities to throw up all kinds of roadblocks that will make your planned trip seem like the Quest for the Holy Grail.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

If you have legal custody of the child, it will get a family visa together with you. Just get the relevant documents (birth certificate, custody cert) officially translated into German and approved (the German embassy can recommend a translator and does approvals) before you submit them to any German authority.

Hi  bubuchacha,

Welcome to expat-blog!

Your topic has been moved to the Germany forum for better visibility an interaction.

Regards,

David.

I understand what u mean, but the father of my daughter is psycho only money is on his head that's why I regret of giving him the rights of having his last name to my daughter. That's why I'm asking what kind of things I need for me to have her with me coz she will be the only relative I'll have in my wedding day...

Hi bubuchacha,

I explained exactly what you need to do in my original reply. There is no way you can get around it.

Like it or not, psycho or not, you have to follow the laws of both countries, where you are now and where you intend to move. Regardless of the fact you are not married to the child's father his legal rights can only be removed by the courts. Failing that you either have to obtain his written and notarized consent to take your child out of the country or you must have a court order to do so.

Even if you have sole custody by court order, your child's father can bring on an application in the courts to obtain either sole custody or joint custody and impose serious restrictions on your movement with the child. That's just the way it is.

The consequences involved with trying to take your child to Germany without his permission or court order are extremely serious, so don't try that under any circumstances.

Regarding his rights, be clear on one thing... you didn't give them to him, the laws of the land did. Even if your child didn't have his name, he would still have those rights by virtue of being the biological father.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

I know I ask even child welfare for this in Philippines I'm not now in my country coz I need to work abroad for her to live coz he abondoned her already after all this years and everytime he say that I don't have rights to take her away from him coz he is the father, for he is but does he been there for her no he didn't and even he make her suffer I want the best for my child and not for him coz he doesn't even deserved to live anymore coz what he did to me before..my mistake is that, giving him the last name of my daughter coz I was blind being young unloved with him...I talk to a friend who is attorney and she told me the law is under 18 years old the custody is with me coz I'm the legal mother and we are not married the only thing is if I ask him to sign the paper for leaving Philippines I think he won't coz he is selfish mother /!\ I AM A STUPID SPAMMER /!\ he only think of him himself and to get money from me that's the thing he did when we are together...sorry for my words but It just make me mad what he did to me and now my daughter is suffering for his fucked up mind..

By the way she is 7 years old and turning 8 years old next year February even I ask my daughter if she want to see her father she won't agree coz of the things he did before he never visit her even he is not far away from her and he wants my mom to take her to him to visit...what a human being...

It is good that you have an attorney to help you solve this.
Ask your attorney if you have SOLE custody to the child.
If yes, you are good to travel anywhere with her.
If not (but joint custody together with her father) you need to
- either get his approval to take her out of the country.
- or persuade a court to withdraw his custody rights and give it to you.
All this is INDEPENDENT of the child's family name - it would be exactly the same if she had yours!