EX'sssss

[tracy.grinsell]

Hi

We are coming out on a 457 visa and thought it would take 4-6 months, but my oh has been asked to start work in jan 2008. My ex signed a stat declaration giving me permision to take children out to oz, and now it looks like we will be going a bit later in jan. He thinks ive tricked him but i had no idea myself and he is now saying he is going to stop the children and myself from going ( baring in mind i am no longer married to him), until april, which would not work. Its making the children very upset and me ill,can he do this. Any advice would truly be grateful.

[Stuju]

Hi Tracy,
I had a court letter signed by my ex which was dated 2002 (when he & i divorced) this is only to do with my 13 year old as my other 2 girls are much older, when i presented this to the immgration officer (as i had an interview on a spiuse visa in sydney at migration office) yep they wanted something more updated - which i coudnt really understand as it had gone via court & solicitor in the uk. My advice to you is check this out with a migration agent if you are using one or contact the migration department and find out exactly what they need paperwork wise.
Wishing you all the best
gizmo

[ontheup]

Originally Posted by tracy.grinsell

Hi

We are coming out on a 457 visa and thought it would take 4-6 months, but my oh has been asked to start work in jan 2008. My ex signed a stat declaration giving me permision to take children out to oz, and now it looks like we will be going a bit later in jan. He thinks ive tricked him but i had no idea myself and he is now saying he is going to stop the children and myself from going ( baring in mind i am no longer married to him), until april, which would not work. Its making the children very upset and me ill,can he do this. Any advice would truly be grateful.

Assuming his name is on the birth certificate and or you were married and they are his biological children he unfortunately can do a lot to make things difficult. A stat dec in some cases is not be worth the paper its written on as it can be withdrawn at the last minute if he so wished. If he is on the BC or you were married the only absolute sure fire way to be able to take the kids without further interference is by going to court. You do not ahve to do this through a solicitor if you are in england. I understand it can be done for about £150 through the family court and if you contact your local one they will give you the forms. In the meantime you need to amass all the info you can baout childrens current schooling, welfare etc in addition to all the info you can about where you are going schools, lifestyle opporutnities housing etc etc so as to prove to the judge that them going is best for them. I have yet to see a post where a judge has said no to the kids being taken you just have to have your ducks in a row. There are posts on here form around the time I joined on this very subject with people who went throught the courts on their own for this very thing and how to do it. Try searching children/divorce/ parental responsibility etc

http://www.pomsinoz.com/forum/genera...ld-abroad.html

and here

http://www.pomsinoz.com/forum/genera...ke-him-oz.html

try pming some of the people - hope it helps and best of luck!!:)

[The Cutches]

Originally Posted by tracy.grinsell

Hi

We are coming out on a 457 visa and thought it would take 4-6 months, but my oh has been asked to start work in jan 2008. My ex signed a stat declaration giving me permision to take children out to oz, and now it looks like we will be going a bit later in jan. He thinks ive tricked him but i had no idea myself and he is now saying he is going to stop the children and myself from going ( baring in mind i am no longer married to him), until april, which would not work. Its making the children very upset and me ill,can he do this. Any advice would truly be grateful.

Hi Tracy, I have been thro' this myself earlier this year and my strong advice to you would be to try and agree something between yourselves, thro' mediation if necessary. Then once you have agreed contact, financial arrangements etc. get a consent order drafted. You can do this yourselves if things are straight forward or by a solicitor if it's a bit messy), then get it stamped at court. If you go straight for a court order (as I did when my ex got awkward) it could cost you a fortune and there are no guarantees that you would win. When this happened to me, the courts got CAFCASS involved which meant interviewing the children and the whole process was scheduled to take 6-12months, even if my ex changed his mind and agreed. In the end I managed to change the courts decision to get CAFCASS involved, went to mediation and got the consent order. I only wish I had done that at the start and saved myself a lot of stress and a lot of £££'s

Good luck with whatever you decide to do.

CC
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