I am married to my Australian husband and we are planning to move as soon as we can, being apart has been very difficult!
I am moving with my little girl from a previous marriage (2 years old)
I have been going through the long process of getting father to sign but he has (as usual) played games, he has not responded at all, did not come to mediation and flatly refused to help! Saying to my solicitor he agrees but he does not agree. We have had a very rocky past, our marriage broke down due to domestic violence.
Anyway, to cut a very long story short, I am going to Court in October representing myself because it is too expensive, but I am getting advice. We have laid out plans for schooling, home, job etc. Father was in contact with my daughter every other weekend for a few months, but he suddenly left to another country with a few days notice (he had known about his plans for a while before this) he said he would come back in a few weeks, surprise he is not back yet three months later. I had already started the court process by then and he knew it, there is evidence of a telephone call to my then solicitor about his intention to go abroad.
I served papers at his parents address where he lives; They have since written another letter through a solicitor stating that they do not know the whereabouts of the son! they have no communication therefore he wouldn't know anything about a court (total lie!), they did not even mention when he would be back (because they obviously do not know where he is J)
I however, think that this could be a blessing in disguise? They have literally proved that he is not in the country and that he may not have the intention to come back. Will this help us at all and if not, what is the next step, any solutions.
Last time I was in court for contact, he did not even turn up!!
Anyone with some much needed advice??
Hiya Pat,
I was in a similar situation ex was being a complete prat,and thought we would have to go to court, but luckily we resolved this before it got that far. I know Angie (Angie*Mark) is having to go to court with her ex partner, she may be able to help and I am sure she wouldn't mind if you sent her a pm, she seems more clued up with the court system than me.
Your ex not bothering to have regular contact and failing to appear for his court dates should go in your favour, the court will see you have your childs best interests at heart, if you have evidence that you have tried to find him, and would be willing to make all provisions when in Oz to maintain a relationship between him and his daughter. Good luck hope it all goes well.
I am married to my Australian husband and we are planning to move as soon as we can, being apart has been very difficult!
I am moving with my little girl from a previous marriage (2 years old)
I have been going through the long process of getting father to sign but he has (as usual) played games, he has not responded at all, did not come to mediation and flatly refused to help! Saying to my solicitor he agrees but he does not agree. We have had a very rocky past, our marriage broke down due to domestic violence.
Anyway, to cut a very long story short, I am going to Court in October representing myself because it is too expensive, but I am getting advice. We have laid out plans for schooling, home, job etc. Father was in contact with my daughter every other weekend for a few months, but he suddenly left to another country with a few days notice (he had known about his plans for a while before this) he said he would come back in a few weeks, surprise he is not back yet three months later. I had already started the court process by then and he knew it, there is evidence of a telephone call to my then solicitor about his intention to go abroad.
I served papers at his parents address where he lives; They have since written another letter through a solicitor stating that they do not know the whereabouts of the son! they have no communication therefore he wouldn't know anything about a court (total lie!), they did not even mention when he would be back (because they obviously do not know where he is J)
I however, think that this could be a blessing in disguise? They have literally proved that he is not in the country and that he may not have the intention to come back. Will this help us at all and if not, what is the next step, any solutions.
Last time I was in court for contact, he did not even turn up!!
Anyone with some much needed advice??
Hi Pat
Sorry to hear of your situation. He is doing you a huge favour by vanishing of the face of the earth, I don't mean this nastily, but if you have exhausted all methods of contacting him then the judge is likely to grant you the order to move your child from the jurisdiction and it is going to save you a fortune of fighting it through the courts. However, the judge is still going to want to make sure that the move to Australia is in the best interests of the child. You therefore have to have everything covered, ie how much money you have to support yourself when you arrive if you didn't get a job immediately, where you are going to live (this can be hard as until you have visited you have no ideas) the judge won't enforce this though and you will be able to move once your here, just make sure you know everything there is about a chosen suburb, what schooling is available, local doctors, nurseries, work, rental etc.
Also price up private health insurance and have all this covered. Also the reasons why you want to go to Australia, never use the phase "I think" always say "I know" ie, I know it will be a better way of life for my child" then back this up with why you know, ie, working less hours, weather better allowing more outdoor activities etc etc.
If you need any help or advice please feel free to pm me
Keep your head up you will get through this. It is very emotional and time consuming let alone costly but you are doing the right thing.
Love
Kate
Ps It may even be worth putting something in the classifieds of the local paper where he use to live, asking if anyone knows his whereabouts, the judge would look very favourably at this as you have done everything then within your power.
Cath, I have not quoted your words, but It struck me re reading them.
If you have to go to court you might find it better to keep your powder dry before hand.
Posting too much detail on a public forum about the basis of any arguement you might rely on , might, give away ammunition and, might, come back to haunt you when it counts most.
Moving With Child Desperate for advice.
