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Fiance's children not mine! How to move over?

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ForeignWife
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Fiance's children not mine! How to move over?

Postby ForeignWife » Mon, 11 Jul 2011 7:28 pm

Hi All,

I have plans to marry my German girlfriend a divorcee with 2 kids both 5 years old.

Can the kids move with her to Singapore? If yes, what pass will they be under as they need to start kindergarten soon.

Can I apply long term social visit pass for both my fiance and both her kids?

I know my case is very rare. I just need to know if it is impossible to have her and the kids move over to Singapore?

I am really desperate for help and advice.

Thank you in advance to all sincere replies

Troubled

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JR8
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Postby JR8 » Mon, 11 Jul 2011 8:25 pm

Step #1

What is your status?

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Postby Mad Scientist » Tue, 12 Jul 2011 5:28 am

Step 2

Do you have official custody of your step children ?
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Postby ksl » Tue, 12 Jul 2011 11:48 am

Step 3 You will still need the fathers permission especially in Europe!
I just need to know if it is impossible
It's not impossible, but I would think if the father is contributing to the children, he has rights to see them, if they are in Singapore he has no rights he can enforce, and that's a problem.

The mother can be charged with kidnapping if she just takes the kids away without consent, when the father has rights. So it's a delicate situation.

You can do what i did, I agreed to take my son when he was 12, providing the alimony was dropped, though i had to do it through the courts and have the wife's written agreement. So you can probably cut a deal with the father on alimony, while the children are away from his residence all you need is his written permission

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Postby intime0 » Tue, 12 Jul 2011 2:46 pm

Quite possible.

You didn't say where you are coming from. In america, you cannot get travel visas or passports unless the non custodial spouse signs a waiver. Very easy to do and get notarized. No courts are involved, if both parties agree.

If your fiance is German, the laws may be different over there. Just call to wherever you get passports and ask about that.

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Postby ForeignWife » Tue, 12 Jul 2011 3:56 pm

Thank you all for your replies. It's so heartening to hear from you kind souls

My apologies for not making it clearer.

I am a Singapore citizen. My fiancé had just been awarded full custody of the kids from the court recently. So that's why she can finally move over with the kids. However the father will still pay the alimony until the kids turn 18. He gave up the custody in court but now still sees them on alternate weekends. According to my fiancé, he has no say over them or even visit them once the move over.

My concerns are the adoption thing with mcys. They told me it should be a pass but again subjective. I really don't want my fiancé and the kids to return to Germany after sometime should things fail.

What do you think are my chances guys? Does anyone has a similar situation?

Thanks a million everyone

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JR8
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Postby JR8 » Tue, 12 Jul 2011 6:47 pm

It sounds like their father still has visitation rights. Moving them to SG would not alter that legally.

How is that being addressed?

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ksl
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Postby ksl » Tue, 12 Jul 2011 11:20 pm

If the father has visitation rights she cannot take the kids out of the country without his written permission! She can apply to the court to take them out, but it's highly unlikely if the father protests.

It makes no difference that she has full custody most women get full custody in Europe unless the woman is unfit, or the woman agrees to give up her rights! Unless the laws have changed, which i doubt!

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Postby Mad Scientist » Wed, 13 Jul 2011 4:11 am

OP

First thing first
In order to get this moving forward, you have to get ROM.
Then on you must have custodial rights over the children in order for you to apply for LTSVP for your spouse and kids. You cannot get this done if you are not married. Capisce ?
Adoption laws differ from one country to another. Extradition law on children custody is almost non existent in SG.Moreso if the biological mother decides to bring the kids out of Germany. It has no undesirable effect in the eyes of the Sg law. The main concern is the valid pass to live in SG which will be a challenge.
Having said that the biological father must give that rights to you to set things in motion.
MCYS works in tandem with family court.
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Postby Strong Eagle » Wed, 13 Jul 2011 8:46 am

Why do you want to deny the children visitation rights with their father? Sounds very selfish to me. What about the kids?

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Postby guruvee » Wed, 13 Jul 2011 12:49 pm

Mad Scientist: I'm in a similar situation to the OP; however I am not a Singaporean national and will instead be coming over on an Employement pass.

My Common in Law partner has a six year old child who has never seen her father. I am essentially the girls father in her eyes, we have just never made it legal on paper. Her biological father has agreed to giving my partner sole parental responsibility (sole custody) which we are about to process through the courts, but my question is if my partner and I were to get married would her having sole parental responsibility be sufficient to get our girl a LTVP or DP?

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Postby guruvee » Wed, 13 Jul 2011 12:56 pm

To add a bit more to my previous post we could request for both my partner and I to both have dual parental responsibility rights, but as the biological father is a bit unpredictable we are concerned this could make things a bit more challenging which is why we had planned to just pursue sole parental responsibility for my partner.

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Postby ForeignWife » Wed, 13 Jul 2011 1:43 pm

First of all, the father has never cared for them since the 2 were born. Only recently, he got a lawyer to secure some visitation rights. In the most recent court case, he told the court that he would give up the kids and they could move over to Singapore with my fiance. However I think it would be hard for me to adopt the kids as my fiancé told me that he would never allow it as he is a highly egoistic person. He gave up the custody because he knows there is no way he would get it.

In any case, I have decided to apply student pass for the kids to study here. I have found a kindergarten for them and am in the midst of the application. I have also checked with the MOE that they will be allowed into government schools later as long as my fiancé has full custody and just need to write an undertaking letter. That's my plan for now. Long term pass for my fiancé after we register and student pass for the kids.

Anyone sees any problems in the near future?

Thanks again to everyone

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Postby Mad Scientist » Wed, 13 Jul 2011 5:11 pm

guruvee wrote:Mad Scientist: I'm in a similar situation to the OP; however I am not a Singaporean national and will instead be coming over on an Employement pass.

My Common in Law partner has a six year old child who has never seen her father. I am essentially the girls father in her eyes, we have just never made it legal on paper. Her biological father has agreed to giving my partner sole parental responsibility (sole custody) which we are about to process through the courts, but my question is if my partner and I were to get married would her having sole parental responsibility be sufficient to get our girl a LTVP or DP?


If you are on EP , your partner will be on DP That includes your step daughter. She will need a student pass here when the schooling age begin
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Postby Mad Scientist » Wed, 13 Jul 2011 5:13 pm

ForeignWife wrote:First of all, the father has never cared for them since the 2 were born. Only recently, he got a lawyer to secure some visitation rights. In the most recent court case, he told the court that he would give up the kids and they could move over to Singapore with my fiance. However I think it would be hard for me to adopt the kids as my fiancé told me that he would never allow it as he is a highly egoistic person. He gave up the custody because he knows there is no way he would get it.

In any case, I have decided to apply student pass for the kids to study here. I have found a kindergarten for them and am in the midst of the application. I have also checked with the MOE that they will be allowed into government schools later as long as my fiancé has full custody and just need to write an undertaking letter. That's my plan for now. Long term pass for my fiancé after we register and student pass for the kids.

Anyone sees any problems in the near future?

Thanks again to everyone


Getting LTSVP for your future wife will be a challenge as marriage of convenience will be the first suspicion from ICA
The positive thinker sees the invisible, feels the intangible, and achieves the impossible.Yahoo !!!


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