Hiya
I have 2 kids from Previous Marriage - I am now re-married. We agreed to shared custody in divorce, but that was years ago and times change and things move on. He still sees the kids, albeit for 2 days a month and they are getting older now - My son is nearly 15 and has his own friends etc, so is going off the idea of giving up some of his weekend to see 'Father'.
I went to see a Solicitor who charged my £500 to write a letter to the Courts explaining the situation about moving to Australia and arrangements now regarding access £ etc. He then wrote a letter to Ex to advise him to get legal advice and possibly contact him regarding wording etc. Ex agreed to write a letter giving permission - we said to keep contact - phone/email etc - stopped receiving all forms of Child Support and told him to use it to save up and come out and see kids whenever.
I then got shot of the Solicitor as I found out that I could have represented myself in it!!!!!!!!!!!!!!!!! For £40.00!!!!!!!!!!!! We asked the Judge (without attending) to attach to original Divorce cert to keep costs down - he did this and granted 2 orders - Permission to Remove Children from the Jurisdiction - Permission to Remove Children form the Country Permanently.
My Step Daughter (Hubbies from previous marriage) is 16 now and we got her mum to write a letter giving permission etc.
The reason I didn't want a STAT DEC and we went for a Court Order for my Ex was because he could have still changed his mind at any point in time and this could delay flights etc - didn't want that! It could have meant that the week before we left, he could have said that he didn't want us to take them - it would have had to go to Court then and we would have had to get the Judge's Permission.
It normally still works out in the favour of the Parent Leaving becasue the Stat Dec was signed, but I don't want anything to delay our plans.
I went to see Solicitor in November last year and the Court Orders came through at the end of January.
I hopethis helps - and you're still awake after reading my life story!!!!!
Best of luck!
Angie