How Can I Travel With My Child As A Single Mother Abandoned By The Father; Vice Versa

OBSCURE LEGAL FACTS BY AROME ABU ESQ

This publication does not apply to parents who are married or once married. We will consider two examples.

EXAMPLE A

Kate had an intimate relationship with Sam, and they had baby Pete. Sam who is now happily married and living in Australia, does not intend to have any contact with Kate and Pete again.
Kate has not heard nor seen Sam for a very long time.

EXAMPLE B

Kate was sexually abused by 3 men at a robbery scene. She got pregnant and had Pete.

In both examples, Kate now intends embark on a foreign trip with Pete, however, a Travel Consent letter is required by the Immigration officers and the Airline operator. Pete’s father is unavailable as in example A and unknown as in example B.

Kate is adviced to engage an attorney to make an application seeking sole-parental custody/responsibility following these steps:

• File an application at the family court: “Application for Commencement, Particulars of Complaint, supporting affidavit and Written Address;

• exhibit evidence of means. Example, applicant’s Bank statement and child’s previous tuition fees receipts paid by the applicant);

• father/mother of the child, as the case may be, should be made a defendant and must be served.
If unavailable, service can be effected by substituted means;

• where father of child is unknown, as in example B above (sexual abuse by unknown person), Defendant should be sued as “Unknown person”;

• in the FCT, the Social Development Secretariat, must be made a party (2nd Defendant/Respondent);

• after service is effected, the application will be set down for hearing.

• if application is granted, obtain enrolled order which should form part of travel documents.

Make note that this application will be unnecessary if the child is above 18 years.

AUTHORITIES RELIED ON

1. Order 21 & Order 22 of the Child’s Rights Act Enforcement Procedure Rules 2015

2. Section 68 and 69 of The Child Right Act.

Arome Abu is the Managing Partner of TCLP.

CAVEAT: Note that this information is provided for general enlightenment purposes and is not intended to be any form of legal advice.

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