Relocation order when ex will not agree

[mazanddave]

I am about to apply to live in Australia with my partner. I am a social worker and my partner is an electrician. To cut a long story short, i have a 6 year old from a previous relationship. My ex did not see his daughter from the age of 6 months to 4 years, he then saw her for 1 month before deciding not to see her anymore and then he last saw her in January 2012 for 4 weeks before ceasing all contact again. I have a solicitor who is applying for a Relocation Order. My ex will not agree to her moving even though he has no contact with her. My solicitor has stated that I have a very good chance of winning (as he does not have regular contact with her and I have emails as proof showing that I have encouraged and tried to facilitate his access to her). He also pays zero maintenance and changes jobs when the CSA find him.

My solicitor has said that the legal costs of the relocation order could be approximateoly £2k (thats if he fails to attend court and ignores all the court documents). However, if he wants to be 'difficult' he can fight me and my solicitor reckons my costs will be between £7k - £10k! his new wife is also a qualified solicitor so she will probably do all his legal bits. Bit unfair really considering that he plays no part in her life.

So for me to move to australia, the cost is thousands. I also have the visa fees to pay, the emigration consultants fees and AASW also charge me £600 just for verify my social work degree!

[jhampa]

have you contacted citizen advice bureau and sought the advice of more than one solicitor ?

[mazanddave]

hi thanks for your response:) i have phoned quite a few solicitors. Some of them never bothered calling me back. costs are about the same for all of them (within the same estimate) but the good thing about this one is he has dealt with a lot of relocation orders, he will be contacting my emmigration consultants and seems to know what he is doing. I thought that there was no point in applying for my visa until i had the Relocation Order granted but my solicitor has stated that this is not the case. I have contacted the citizens advise and they informed me of the Hague Convention laws and the relocation order. My ex is also the type to 'lie' and to state that he lives on his own (even though his wife is a solicitor) and he may even get legal aid. This is a nightmare, expensive but i am determined that nothing will stop me from leaving the UK now. I have had enough. Being a social worker i see unfair government politics, poverty, people who has lost everything because of the UK unfairness everyday. I will not allow my 2 and 5 year old children to have the poor opportunities in the UK anymore:)

[PomPrincesses]

Yes that's kind of how it is. I had to pay £750 for an email to get my ex to sign a passport apocation which thankfully he did. My plan if he was you g to be an awkward bugger was to get a solicitor to right me a plan of action and then follow that myself.

Everything you've outlined suggests you would win in court it's just a case of going through the process which is never quick unfortunately.

[PomPrincesses]

If he lies and gets legal aid phone up the head office in Chester I believe and fill them in on his domestic situation. The fact that the new wife's a solicitor means she must tread carefully and a husband lying in a courtroom would be bad news I'd imagine.

[mazanddave]

hi thats handy to know. I will report him. My solicitor is sending the letter out to him first to request his consent (which will be either ignored or will be a no). I have also informed my solicitor that his wife is a solicitor. I am just hoping he doesnt get legal aid and it is also a conflict of interest for his wife to represent him or complete his legal paperwork..... saying that knowing him, one of his wifes solicitors friends will do it as a freebie. so unfair when he has no contact and chose not to see his own daughter. Aargh

[jhampa]

yes its really sad situation. Your motivation for going to Oz is a good one. I hope you work through this quickly. I think its worse for a child to have that insecurity of not knowing what day of the year the father decides to selfishly pay a visit. Good luck im sorry I cant help you.