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I have full-custody of my son (now 6) and he lives with me. The custody order is from a Canadian court, but we have lived in the UK since 2003. Since being in the UK, my son has become a British citizen (I already held dual citizenship). My son's father and I were never married. I understand that since my son was born in 2001, that in the UK, my son's father has no rights to him. Can you confirm whether this is the case? And can you tell me what the status is of the custody order from Canada? Is it null and void now that we live here? What status does it hold if we visit Canada?

November 27, 2008 by Anonymous

You and your son now live under the jurisdiction of the UK Courts who are not bound by Canadian Court Orders but may well find them persuasive. It would seem that your son’s father does not have parental responsibility for him and without this he will have no rights under UK law and if he does not live in the UK can not claim any such rights.