court order for child

[dmcwilson2345]

hi everyone, i am looking for any advice or stories of sucess as i am having to ask the court for permission to take my son but i thought a new life etc would be in my favour my lawyer is so unhelpfull and reckons we dont have much of a chance but we have got an agent now and we were very hopefull .can anyone who has been in same position help or knows of a sucess story thankyou we are desparete for any help

[misschief]

I can't offer any hope but a new lawyer with a more optimistic approach might help I would not pay someone good money to be so negative. Obviously you dont want someone to lie and say it will be a synch but you do want someone that will at least give it their all and not be quite so beaten before starting

I wish you all the luck in the world with this one though.
Let us know how you get on.

[dmcwilson2345]

you are so right i now feel so deflated as she has no positvity in this situation .I would change my solicitor but i hear it costs you more to have your file released etc.thanks for your concern anyway mischief x

[rach28]

Hi i also have a child to previous relationship. My ex has agreed though to let us take her out of the country. I did seek advice before asking ex and was told that it depends on how much contact the non resident parent has with the child. If you can prove that staying is not in the best intreste of the child then a judge is more likely to grant in your favour if you would like more info then pm me as more than willing to give you all info i have been advised
Rachael

[dmcwilson2345]

he gets every weekend through the courts but we have had endless problems with him and he will always cause us problems but we have 2 other kids and we just want a better life for them all.thanks alot for your help

[shazney64]

Even if ex has contact can go either way. If contact is regular they may say that the attachment is so strong that it can withstand the move, however the counter argument would be that the child misses the parent dearly.
Nothing is as ever straight forward, you know your child though better then any of the lawyers etc.. If you beilve it is in the best interest of the child, then go for it.
Check out my threads, warning though having a tough time through the court but if you can gain any help then please let me know if there is anything else can do.
Good luck xx

[dmcwilson2345]

your right and i have defo thought about the child and aus would be a great life so fingers crossed eh thanks xx

[bessie]

Hi!

i'm in a bit of a similar situation...havent told my ex that i want to our children yet though! but am sure he wont agree and i will need a court order. how old is your son? my kids are all little and i've been told that should go in my favour.
also apparently your ex has to prove why it would be better for your son to stay in Britain. also would he be willing to have him full time?

another point is that i dont think your ex would have to continue paying maintanence to you for your son (check this though-i might be wrong!) which i'm sure a few people on here have said they used as a bargaining tool..... perhaps your ex could save that money to pay for flights out to Oz or for your son to fly back!

i think as long as you show the judge that are more than willing to continue contact between child and father than you'll be okay!

its a really stressful situation to be in.....hope you get the result you want!

good luck!

[katestar2709]

Hi, I am in a similar situation. i have a daughter from previous marriage, and wish to emigrate with her and new husband. my ex currently does not see daughter, but has applied for access. we dont know if he will get granted any access due to domestic violence issues. have u found out anymore info?

[ali]

I think it's important that if you go to court that you are able to identify what you will do to ensure the contact is maintained with the parent in the UK - some people have said they will pay for flights for the child or parent to ensure visits etc.,

Ali