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Step Son - Dependant Visa / Parental Consent Etc

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  1. #11

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    OK, but you're not in your country (wherever that is - obviously a strange place if you can adopt an adult!). The obvious place for you to adopt your wife's son is in The Philippines. Again, paging @hullexile !


  2. #12

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    Quote Originally Posted by PLamHK:
    OK, but you're not in your country (wherever that is - obviously a strange place if you can adopt an adult!). The obvious place for you to adopt your wife's son is in The Philippines. Again, paging @hullexile !
    Fuck no. Took a year and many court visits and a few bribes to adopt my stepdaughter. That was with the full consent of the father and the social worker and no objections from anybody.

    Then to top it off we moved to the UK where we found out they don't accept Philippine adoptions. Even wrote to her, a child, telling her we were not her real parents and my wife was suspected of child trafficking. Took a DNA test to sort that out.

    On the other hand HK immigration gave her a dependent visa immediately with no questions asked.
    rkenia852 likes this.

  3. #13

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    Whatever the reasons, I'd say this case calls for a lawyer. If your wife has full legal custody and is dependent on you, and you are financially supporting both her and your stepson, then it's ridiculous for HK Immigration not to be prepared to give a dependent visa for your step son. Where do they think he would go?!

    hullexile and rkenia852 like this.

  4. #14

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    You may find this useful. It's quite dated but I doubt the situation has got worse. Seems like if your wife has full legal custody, your step son should get a dependent visa. So seems the issue must be with the paperwork.

    https://hongkongvisageeza.com/do-ste...ependant-visa/

    hullexile likes this.

  5. #15

    That is my question too. They started the annulment in 2011 when their kid is just 6 months old. In the Philippines, children below 7 years old, stays with the mom (except for some circumtances like if the mom is in prison etc) so automatic the full custody is with my step son goes to the mother. The court just given 1 day visitation rights per week (but now not really happening because he has new family already) the cases officer said that they might have a joint custody because of the visitation rights.


  6. #16

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    Quote Originally Posted by Megski07:
    That is my question too. They started the annulment in 2011 when their kid is just 6 months old. In the Philippines, children below 7 years old, stays with the mom (except for some circumtances like if the mom is in prison etc) so automatic the full custody is with my step son goes to the mother. The court just given 1 day visitation rights per week (but now not really happening because he has new family already) the cases officer said that they might have a joint custody because of the visitation rights.
    It may just require a letter from the court stating she has sole custody.
    Beanieskis and shri like this.

  7. #17

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    The child's record on the birth certificate and the surname he was using might be from his father. so legally the ex husband still has the right with the child.


  8. #18

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    Quote Originally Posted by Jersky:
    The child's record on the birth certificate and the surname he was using might be from his father. so legally the ex husband still has the right with the child.
    It's not that simple - it's perfectly possible the mother has full custody regardless of what's on the birth certificate.
    hullexile likes this.

  9. #19

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    Quote Originally Posted by Jersky:
    The child's record on the birth certificate and the surname he was using might be from his father. so legally the ex husband still has the right with the child.
    As far as I am aware the legal rights will have been determined at annulment.

  10. #20

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    Just Googled, custody of children in an annulment goes to the innocent party. As the wife still has custody then I assume she was the innocent party. There appears to be no joint custody.

    This for me reinforces the idea of getting the court or someone to clarify the legal position because HK immigration will I doubt understand annulment law.

    (And in case you are wondering although an annulment says the marriage never happened the children are still legitimate)


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