Uk Visa For Wife And Her Son

[stament]

Hi,

I've read a number of articles on this subject and I am confident on the visa situation for my wife but am unsure about her son.

My situation - we recently married but have not married at the amphur yet, which we intend to do in December. It is then my understanding that we must register this marriage with the British authorities. We can then apply for a spouse visa for her (which should take approx 3 months) giving details of marriage (marriage certificate translated along with proof of relationship and my financial situation and home in U.K.

My first question is what I have just summised correct or am I missing something?

Secondly, as regards her son what is the situation for a visa for him (he's 3 years old). Does he require a separate visa (and so another 32k THB) or will he be part of his Mum's visa?

Many thanks

[beano2274]

You do not have to register your marriage at the Embassy, this is optional.

You must have applied for the Affirmation to Marry, they know you will marry.

The rest about visas, am not sure of, so cannot comment.

[gotlost]

By your post it sounds like you had a Buddha marriage. If so this is not accepted as a legal marriage and not accepted by the the British Embassy. You must marry at the local amphora (sign names) .

[beano2274]

Read through the posts about what is required for a legal marriage, you are not legally married now. Get ready to run around for a few days getting documents made and translated

[stament]

You do not have to register your marriage at the Embassy, this is optional.

You must have applied for the Affirmation to Marry, they know you will marry.

The rest about visas, am not sure of, so cannot comment.

Apologies, I meant to say we are going to get married "outside the village" in December, i.e. the official recognised marriage and get that registered at the Amphur.

[bobrussell]

You will need to put in an application for both your wife and step-son seperately and pay the fee. Normally the child will be given the same status as the mother if, for example the father is dead and there is no one that can look after the child (this was our situation).

If the father is around life can get complicated as the embassy may consider the child has close relatives in Thailand therefore does not have to travel with the mother. Our application was straight forward (except for the long delay in processing the visas) and there were no particular enquiries made on this point but a few other posters have had problems with children being refused visas (admittedly older children).

I would hope that such a young child would not be seperated from its mother but it may be a good case to get an approved agency to look at. A refused visa is an expensive and time consuming mistake!

Make sure that any agency is properly licenced in the UK unless you know someone that can personally recommend one.

[7by7]

As already said, if the marriage is legal in Thailand, i.e. registered at an Ampur, then it is legal in the UK. To be pedantic, you cannot register a marriage at the embassy, all you do is deposit a copy of your marriage certificate with the general records office via the embassy.

With regards to the visas, have a read of:

Maintenance and accommodation

Spouses

The son will need to make a seperate application to the mother and I'm afraid the fee is the same.

As well as showing that he can be adequately supported and housed, the most important aspect is showing that his mother has sole custody and has been exercising sole responsibility.

See Children

For sole custody she will need either a custody order issued by an ampur or court or the father's death certificate.

Sole responsibility should be straightforward if the son has been living with the mother since birth, but can be complicated if the child and mother have been seperated for any length of time; especially if the child has been in the care of his father or parental relatives.

[InspectorGadget]

We just got visas for my wife and step-son (11 years old). For the boy, we got a paper saying my wife has sole legal custody which we thought would be enough. The visa centre called my wife 2 days ago asking questions about his natural father (whose only contribution to his life was the day he was made). We got granted the visas today but with hindsight, I see we should have provided some form of cover later to provide some background information on the father.

[stament]

Is the sole custody paper the Kor Bor 14 paper from the local Amphur I've read about?

Thanks

[7by7]

Sole custody can be issued by an ampur, yes. I think the document number you've quoted is correct.

However, to obtain this you usually need the natural father's cooperation. My wife's ex wouldn't oblige so she had to take the case to court.

If the natural father is dead then all that is needed is his death certificate.

[stament]

Sole custody can be issued by an ampur, yes. I think the document number you've quoted is correct.

However, to obtain this you usually need the natural father's cooperation. My wife's ex wouldn't oblige so she had to take the case to court.

If the natural father is dead then all that is needed is his death certificate.

Getting very frustrated with the sole custody issue. Been a second time to Chiang Mai Amphur office who say it's not possible to get from there even with the father's consent. They say we have to go to court.

Subsequently just been to a lawyer who says you don't need to go to court, the divorce agreement should detail who has sole custody and joint custody isn't possible. But my wife tried to change her son's name last year and was told she couldn't without husbands agreement so that doesn't sound like sole custody!

Anyone else experienced this?

Thanks

[chopperbopper]

I am sorry to come in and have to say this but rightfully so you should have to go to court. You are trying to take another mans child away from him and out of the country. No matter what your wifes says about the father of the child, maybe she says he doesnt want the child or what ever. But until you hear it from the father himself dont belive any of it. You say that the mans (only contribution to his life was the day he was made). I cant belive that your wife had a 1 night night stand and has a baby from that. Something doesnt add up about that.

I hope that the child does not get a visa for the own childs sake. You are taking a thai child away from there family to what is for the child a strange country that is very very different to thailand. Think of the child and not your selfs. If you want to make it work either you come and live in Thailand or just work in the UK and try to come here for 6 months of the year or so until you can move here full time. If you cant afford that then you should not be with this woman. I will never understand why i heard of so many guys coming to thailand and going back to there countrys with ready made familys.. they never end up happy for long. Its just not fair on the child. Should either have the money to stay in thailand or stay well away from things like this.

[stament]

I am sorry to come in and have to say this but rightfully so you should have to go to court. You are trying to take another mans child away from him and out of the country. No matter what your wifes says about the father of the child, maybe she says he doesnt want the child or what ever. But until you hear it from the father himself dont belive any of it. You say that the mans (only contribution to his life was the day he was made). I cant belive that your wife had a 1 night night stand and has a baby from that. Something doesnt add up about that.

I hope that the child does not get a visa for the own childs sake. You are taking a thai child away from there family to what is for the child a strange country that is very very different to thailand. Think of the child and not your selfs. If you want to make it work either you come and live in Thailand or just work in the UK and try to come here for 6 months of the year or so until you can move here full time. If you cant afford that then you should not be with this woman. I will never understand why i heard of so many guys coming to thailand and going back to there countrys with ready made familys.. they never end up happy for long. Its just not fair on the child. Should either have the money to stay in thailand or stay well away from things like this.

Apology accepted! ;-)

The ex-husband is in full agreement and is happy to sign and he's said this in person to us. I don't remember saying anything with regards to the following that you quoted either.

"You say that the mans (only contribution to his life was the day he was made). I cant belive that your wife had a 1 night night stand and has a baby from that. "

As for your second paragraph it doesn't warrant an answer.

Latest info - we are going to court with ex-husbands full agreement.

Thanks everyone else for helpful advice.

[7by7]

Chopperbopper,

You are entitled to your view and to express same here (as long as you stay within the forum rules), but please get your facts right first.

Thai law, I believe, says that if both parents are in agreement then custody can all be sorted out at the ampur, without the need to go to court. For some reason Stament is having difficulty with this.

If you read the whole topic you will see that the child's father is in full agreement with the arrangement and with the child travelling with his mother to the UK.

If you read the whole topic you will see that Stament never made the comment you attribute to him. Another apology due, I think.

Everyone's circumstances are different. For some families the best option is to live in Thailand, for others it is to live in the UK and some even find dividing their time between both countries to be best.

The UK immigration rules and procedures have safeguards in place to try and ensure that children are not taken from one parent by the other and transported halfway across the world against their will or best interests; hence the need to show not only sole custody but sole responsibility as well.

[sumrit]

Chopperbopper,

You are entitled to your view and to express same here (as long as you stay within the forum rules), but please get your facts right first.

Thai law, I believe, says that if both parents are in agreement then custody can all be sorted out at the ampur, without the need to go to court. For some reason Stament is having difficulty with this.

If you read the whole topic you will see that the child's father is in full agreement with the arrangement and with the child travelling with his mother to the UK.

If you read the whole topic you will see that Stament never made the comment you attribute to him. Another apology due, I think.

Everyone's circumstances are different. For some families the best option is to live in Thailand, for others it is to live in the UK and some even find dividing their time between both countries to be best.

The UK immigration rules and procedures have safeguards in place to try and ensure that children are not taken from one parent by the other and transported halfway across the world against their will or best interests; hence the need to show not only sole custody but sole responsibility as well.

7by7 I agree with what you say regarding Choppperbopper's comments but just one point about things being sorted out at the Amphur.

When I got divorced at an Amphur about three years ago we basically had to agree on three points, those being the future and custody of any children, finance within Thailand (aquired during the marriage) and property within Thailand, again aquired during the marriage. I was told that, once signed by both of us, the divorce statement was legally binding on both parties and could only be changed by going to court. Regrettably from this I believe that stament's wife and ex husband will have to go to court to change the joint custody they now have (I assume that joint custody was agreed at the time of their divorce). On the plus side I believe they can arrange a court hearing quickly and, as the ex husband is in full agreement, it shouldn't delay their plans too much.

Edited November 20, 2009 by sumrit

[macduff]

I'm going be in the same position as regards confirming sole custody for my wife's two children in Thailand aged 15 and 9 year old.The ex husband has agreed after a long struggle to let them go,even though he was never around for them at any point in there upbringing.His family have looked after the children since my wife left Thailand to live in the UK three years ago.

I hope a court appearance isn't necessary and as mentioned above a form from the amphur should suffice should it not?

Edited November 20, 2009 by macduff

[sumrit]

I'm going be in the same position as regards confirming sole custody for my wife's two children in Thailand aged 15 and 9 year old.The ex husband has agreed after a long struggle to let them go,even though he was never around for them at any point in there upbringing.His family have looked after the children since my wife left Thailand to live in the UK three years ago.

I hope a court appearance isn't necessary and as mentioned above a form from the amphur should suffice should it not?

Was your wife legally married to the children's father (registered at the Amphur)?

If she was what agreement was made regarding the children when they got divorced? If they weren't legally married at the Amphur your wife will have sole custody but she will still have to prove sole responsibility for the day to day upbringing/decision making of the children. As well as having any of the usual documents your wife can go to the Amphur, along with two credible witnesses, and make a 'Kor Bor14' statement. In simple terms this is sworn statement covering the history of the children's lives, where and with whom they have lived and who has been responsible for their day to day care. For both ourselves and other people I know who've recently taken their children to live in the UK the British Embassy have actually asked for this document (and it must be an original, they won't accept a copy).

[macduff]

I'm going be in the same position as regards confirming sole custody for my wife's two children in Thailand aged 15 and 9 year old.The ex husband has agreed after a long struggle to let them go,even though he was never around for them at any point in there upbringing.His family have looked after the children since my wife left Thailand to live in the UK three years ago.

I hope a court appearance isn't necessary and as mentioned above a form from the amphur should suffice should it not?

Was your wife legally married to the children's father (registered at the Amphur)?

If she was what agreement was made regarding the children when they got divorced? If they weren't legally married at the Amphur your wife will have sole custody but she will still have to prove sole responsibility for the day to day upbringing/decision making of the children. As well as having any of the usual documents your wife can go to the Amphur, along with two credible witnesses, and make a 'Kor Bor14' statement. In simple terms this is sworn statement covering the history of the children's lives, where and with whom they have lived and who has been responsible for their day to day care. For both ourselves and other people I know who've recently taken their children to live in the UK the British Embassy have actually asked for this document (and it must be an original, they won't accept a copy).

Thanks for that sumrit.I will certainly be going down that route as my wife as informed me that is exactly what has to be done and she has said that we will get full co-operation from her inlaws.

I am now wondering if a lawyer is needed or an agent to get the ball rolling while we are in Thailand next month,or if you could recommend someone to take on our case. And yes sumrit her previous marriage was confirmed at the local amphur and a verbal question was asked by the amphur about the children which was answered by her ex husband and his grandma that the children would be looked after by the grandma and my wife whilst the children stayed in Thailand, until we had the means to bring them over,which is nearly two years now.

[7by7]

Thanks for the clarification, Sumrit.

So, custody can be sorted at the ampur if both parents agree, but once done the order can only be changed by a court. Correct?

a verbal question was asked by the amphur about the children which was answered by her ex husband and his grandma that the children would be looked after by the grandma and my wife whilst the children stayed in Thailand, until we had the means to bring them over,which is nearly two years now.

Do you have anything in writing to that effect?

When applying for a child settlement visa to accompany or join one patent, that parent not only needs to show that they have sole custody, but sole responsibility as well.

From SET07 - Children

SET7.8 What is sole responsibility?

If the sponsoring parent and child are separated, the child will normally be

expected to have been in the care of the sponsoring parent's relatives rather than the relatives of the other parent. An application should normally be refused if the child has been in the care of the other parent's relatives and the other parent lives nearby and takes an active interest in the child's welfare.

You need to show that your wife has been taking an active role in the childrens upbringing

If the sponsoring parent migrated to the UK, how long has the sponsoring parent been separated from the child?

If the sponsoring parent migrated to the UK, what were the arrangements for the care of the child before and after the sponsoring parent migrated?

If the sponsoring parent migrated to the UK, what has been/what is the sponsoring parent's relationship with the child?

Has the sponsoring parent consistently supported the child, either by: direct personal care ; or by regular and substantial financial remittances?

By whom, and in what proportions, is the cost of the child's maintenance borne?

Who takes the important decisions about the child's upbringing, for example where the child lives, the choice of school, religious practice etc?

Up to you if you decide to use an agent; but if you do, be careful in your choice.

Many visa agents in Thailand are mere form fillers; they can help you fill in the form but that's it. Some are worse, and make outrageous and untrue claims about their abilities.

If you are going to use an agent choose one who is qualified and regulated in the UK, that is on the OISC register of advisers or is a UK qualified legal professional. If unsure, ask to see their credentials; a professional will not mind you doing so.

[macduff]

Thanks for the clarification, Sumrit.

So, custody can be sorted at the ampur if both parents agree, but once done the order can only be changed by a court. Correct?

a verbal question was asked by the amphur about the children which was answered by her ex husband and his grandma that the children would be looked after by the grandma and my wife whilst the children stayed in Thailand, until we had the means to bring them over,which is nearly two years now.

Do you have anything in writing to that effect?

When applying for a child settlement visa to accompany or join one patent, that parent not only needs to show that they have sole custody, but sole responsibility as well.

From SET07 - Children

SET7.8 What is sole responsibility?

If the sponsoring parent and child are separated, the child will normally be

expected to have been in the care of the sponsoring parent's relatives rather than the relatives of the other parent. An application should normally be refused if the child has been in the care of the other parent's relatives and the other parent lives nearby and takes an active interest in the child's welfare.

You need to show that your wife has been taking an active role in the childrens upbringing

If the sponsoring parent migrated to the UK, how long has the sponsoring parent been separated from the child?

If the sponsoring parent migrated to the UK, what were the arrangements for the care of the child before and after the sponsoring parent migrated?

If the sponsoring parent migrated to the UK, what has been/what is the sponsoring parent's relationship with the child?

Has the sponsoring parent consistently supported the child, either by: direct personal care ; or by regular and substantial financial remittances?

By whom, and in what proportions, is the cost of the child's maintenance borne?

Who takes the important decisions about the child's upbringing, for example where the child lives, the choice of school, religious practice etc?

Up to you if you decide to use an agent; but if you do, be careful in your choice.

Many visa agents in Thailand are mere form fillers; they can help you fill in the form but that's it. Some are worse, and make outrageous and untrue claims about their abilities.

If you are going to use an agent choose one who is qualified and regulated in the UK, that is on the OISC register of advisers or is a UK qualified legal professional. If unsure, ask to see their credentials; a professional will not mind you doing so.

There is no proof of the conversation that took place between my wife and her ex/grandma at the amphur office regarding the children,but if her inlaws are serious about the situation i'm sure they'll put something in writing.

i'm concerned about her inlaws looking after the children as it states my wife's parent and step parent should be the preferred choice according to the UKBA.

I would like to do the form filling in myself instead of hiring a lawyer,but on the other hand i think there's far more involvement with this than meets the eye,so i'll tread carefully.Thanks for the heads up 7by7

[the scouser]

People should not really get side-tracked by this Por Kor 14 business. As I posted on another forum:-

"My observation is that having a Por Kor 14 (in whatever format) is not, per se, a demonstration of sole responsibility, but rather an indication of the Thai authorities' view of which parent has custody, and to have custody is not prima facie evidence of sole responsibility. Indeed, notwithstanding this, Thai custody documents are not legally recognised in the UK. The PK14 is essentially a self-serving statement sworn before an amphur employee in the absence of any other hard-and-fast evidence of custody.

When an application is made for a child to join a parent in the UK, it is not custody that has to be shown, but "sole resonsibility", and the two are widely different concepts. Indeed, "sole responsibility" is not necessarily a matter to be decided between parents, but between all of the child's carers. Additionally, case law has established that "sole responsibility" is not a question of being able to submit various legal documents, but moreover, being able to show that it is the parent in the UK who takes all of the major decisions in the child's life.

Essentially, having a PK14 is neither a requirement of the Immigration Rules, nor is it the be-all-and-end-all of a child settlement visa application. What is required is evidence that whoever is looking after the child in the foreign country is doing so only on a day-to-day basis and that they are instructed by the parent in the UK."

Also see the relevant case law.

Scouse.

[stament]

7by7 and Scouse thanks for your comments.

UPDATE

I have managed to get some more info from the lawyer. Basically when you divorce you not only get a divorce certificate but there is also an additional paper that decides custody. My wife wasn't given this when she divorced but it was agreed that her and her ex-husband would have joint custody. This explains why she couldn't change her son's name last year as the Amphur has her and her ex-husband down as joint custody, therefore would require consent of both.

I have been told that if the divorce gave sole custody then the amphur can provide the paper the UK Visa people require thus negating the need to go to court, which appears to have been the case with some posters on Thai Visa (who haven't had to go to court). However, as had been said on here and some other threads, to change a custody as per the divorce does require a trip to the court. Therefore, we will proceed with this, together with the full consent of her ex-husband.

Sumrit - I believe from what you have mentioned you will have to go down this route too if your situation is the same as ours.

Anyhow I hope this clarifies for all. We have been told by the solicitor what papers we require and it shouldn't cost more than 10k Baht as straight-forward case with both parties consenting.

I will provide update of how long this process takes so it can help others in the future.

ALL - keep up the good work ;-)

Thanks

Stam

[7by7]

Scouse, with respect whilst having sole custody is not by itself a requirement of the Immigration Rules, my own experience and that of others leads me to believe that the ECOs, certainly in Bangkok, do want to see a custody document of some sort.

This belief is strengthened by the following from Para SET7.8 of the entry clearance guidance:

If the parents' marriage / civil partnership is dissolved, which parent was awarded legal custody, which includes assumption of responsibility for the child?

Where there is a custody order the ECO should take care to ensure that the issue of a settlement entry clearance to the child will not contravene the terms of the custody order......

Having said that, I agree that sole custody is not enough, and the question of sole responsibility is more important and must always be satisfied.

[sumrit]

7by7 and Scouse thanks for your comments.

UPDATE

I have managed to get some more info from the lawyer. Basically when you divorce you not only get a divorce certificate but there is also an additional paper that decides custody. My wife wasn't given this when she divorced but it was agreed that her and her ex-husband would have joint custody. This explains why she couldn't change her son's name last year as the Amphur has her and her ex-husband down as joint custody, therefore would require consent of both.

I have been told that if the divorce gave sole custody then the amphur can provide the paper the UK Visa people require thus negating the need to go to court, which appears to have been the case with some posters on Thai Visa (who haven't had to go to court). However, as had been said on here and some other threads, to change a custody as per the divorce does require a trip to the court. Therefore, we will proceed with this, together with the full consent of her ex-husband.

Sumrit - I believe from what you have mentioned you will have to go down this route too if your situation is the same as ours.

Anyhow I hope this clarifies for all. We have been told by the solicitor what papers we require and it shouldn't cost more than 10k Baht as straight-forward case with both parties consenting.

I will provide update of how long this process takes so it can help others in the future.

ALL - keep up the good work ;-)

Thanks

Stam

Stam, I probably haven't made my position clear in my posts but I don't have any problem, my wife and stepdaughter are already in the UK now. The comments I have made are based purely on my experiences.

I divorced my first Thai wife at an Amphur about three years ago so my comments about having to go to court to change things agreed at an Amphur divorce were based on what an official at the Amphur told me at that divorce. My comments on the Kor Por 14 were made from experiences gained from my present wife and stepdaughter's visa applications (I had been living in Thailand with them for several years).

While I agree with scouse that the Kor Por 14 document is a Thai document not officially recognized by the UK (it's similar to us going to a solicitor in the UK to make a sworn declaration but Thais also have to have two credible witnesses making a similar declaration) it's needed by a Thai lady who has sole custody of a child (because they were not officially married to the childs father) to enable them to obtain a passport for that child. But also when we presented my stepdaughters visa application in March this year we were specifically asked to add the Kor Por 14 as part of proof of our day to day responsibility of her. It appears that it is something the Visa section are currently asking for because at the same time that we applied we had three friends also applying for visas for their wives and children. One was married and divorced previously and she had to go to court to get sole custody documents to show the Embassy while the other two were in a similar position to my wife and both were asked to supply a Kor Por 14 document.

I know the Embassy never used to ask for a Kor Por 14, it appears to be something they've added fairly recently.

[7by7]

I know the Embassy never used to ask for a Kor Por 14, it appears to be something they've added fairly recently.

With respect, we had to provide a custody document with my step-daughter's application, and this was in 2000.

Not sure if it was a Kor Por 14, as it was issued by a court not an ampur due to my wife's ex's intransigence.

[sumrit]

I know the Embassy never used to ask for a Kor Por 14, it appears to be something they've added fairly recently.

With respect, we had to provide a custody document with my step-daughter's application, and this was in 2000.

Not sure if it was a Kor Por 14, as it was issued by a court not an ampur due to my wife's ex's intransigence.

As I understand it people have always had to show sole custody when applying for visas to take their children to the UK. If they were legally married to the childs father/mother then they would have to show the custody arrangement at the time of the divorce or subsequent court documents if they apply. That isn't a Kor Por 14. In this instant the same court papers are required for the child's passport.

If the parents weren't legally married then the mother has sole custody but no documentary proof so in order to get a passport for the child she has to get a Kor Por 14 from her local Amphur and present it to the Thai passport department with the application form.

As the Kor Por 14 is effectively a history of the child's life, where and with whom they lived etc, it appears that the British Embassy are now asking for it as part of the proof of 'day to day' responsibility, although I've not heard of them actually requesting it before this year.

I'm certainly no expert and I only add comments in these threads from my own experiences, but over the last fifteen years I've been married in Thailand twice, divorced once and, apart from my own family, I've probably helped 20-30 people apply for various visas to the UK (all successful I might add ) and I've seen the criteria gradually change and become more strict. But apart from my friends children this year the last time I helped anybody bring and child to the UK was five years ago and the British Embassy certainly didn't ask for a Kor Por 14 then.

Edited November 21, 2009 by sumrit

[7by7]

As I understand it people have always had to show sole custody when applying for visas to take their children to the UK......As the Kor Por 14 is effectively a history of the child's life, where and with whom they lived etc,....

Ah, gotcha. Not being totally up to speed with Thai documents, I was mistakenly thinking that this Kor Por 14 was a custody document.

Thanks for clearing that up.

[the scouser]

Scouse, with respect whilst having sole custody is not by itself a requirement of the Immigration Rules, my own experience and that of others leads me to believe that the ECOs, certainly in Bangkok, do want to see a custody document of some sort...

I quite agree that in the instance of the child's parents having been married and divorced, there must be an order of custody, and that this will be a factor in the ECO's consideration. However, even being named as a custodian of the child is not conclusive, as that parent may still have abicated his/her responsibility.

Additionally, as we all know, many relationships in Thailand go unregistered, as a consequenbce of which, when they break down, there is no custody order. In lieu of this, it seems to be the belief that one must have a Por Kor 14, but it's not worth the paper it's written on.

As the UK courts have themselves found, "sole responsibility" is not a matter of being able to adduce various legal documents, but is to be decided upon all of the facts of a case, the essence of which is the question of who provides the direction and control in the child's life. Consequently, the rush to get a custody order/Por Kor 14 in the belief that it is going to prima facie establish that the named child is cared for by the named parent, is a red herring, and the OP may be better served by simply establishing his wife's direction and control in the child's life, rather than chasing round various bureaucrats trying to obtain a slip of paper.

Indeed, the OP has already commented that the court proceedings are going to be undertaken with the father's consent, and my concern would be that an ECO infers from this that the father is involved in the child's life and, therefore, the responsibility for the child is shared, rather than sole.

Scouse.

[stament]

Indeed, the OP has already commented that the court proceedings are going to be undertaken with the father's consent, and my concern would be that an ECO infers from this that the father is involved in the child's life and, therefore, the responsibility for the child is shared, rather than sole.

Scouse.

Is this going to pose a problem for us then even if we get the sole custody from the court? For info the father hasn't lived with the son since he was 2months old (and he's nearly 3 yrs old). He has provided some financial support on an adhoc basis and has seen him probably 4 times in the last 2+ years.

[the scouser]

Possibly.

It will be open to the ECO to question the timing of the custody application and to also infer that if your wife feels obliged to seek the father's consent, it is reasonable to conclude he is still involved with the child.

Furthermore, it is imperative to understand that having sole custody is not the be-all-and-end-all of a successful child settlement visa application. To demonstrate sole responsibility is the requirement of the rules. Your wife is going to have to show that it is she alone who has provided the direction and control in the child's life. If the child has additionally spent time living with other family members, also bear in mind that case law has established that sole responsibility is not a matter to be decided only amongst the parents, but amongst all of those who have an interest in the child's upbringing. For example, the grandparents of a child for whom they had cared could be found to possess an element of responsibility, thereby meaning that the parent's responsibility was shared and not sole.

The point I'm trying to make is that the area of "sole responsibility" is not simply about getting a legal document, and Bob's-your-uncle, but can be a complicated area that hinges upon all of the given facts of a child's life.

Scouse.