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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.

Thanks for reply.

How do I go about proving it my wife has looked after her son all this time? Will a letter from her or from her ex-husband suffice? The only reason we're going down the sole custody route now is because we're married and want to live in England. If we were staying in Thailand, we wouldn't need to as ex is happy his son is being taken care of. He also has a new family too (not that that makes a difference).

Surely this is a normal thing for people who are married to want to bring up their kids together?

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