LaddermanUS

Latest update : So I have had my first hearing which went ok. I met with Cafcass (CC) first and had an interview. My ex never responded to the cafcass safe guarding calls / interview so she had a longer chat with CC before we went in. I was prepared to read out a 2 min statement which would give the Judge a good grasp of the history, key points and where we are now. But the CC officer said no need as both judge the CC had already met in the morning to discuss the case and were well versed. However it was obvious during the hearing that the judge wasnt well versed. But it wasnt too much of an issue. An interesting part was when the Judge asked my ex WHY she would be denying us a move with the children. She could not answer that question clearly and concisely, in fact she was so poorly prepared the judge actually gave her some suggestions on what basis she could argue why the children should not be allowed to relocate. At the end we were instructed to file a written proposal to the court, CC and my ex (the respondent) within 2 weeks. A court order arrived couple days later confirming this. The respondent has been given a month to review my proposal (aka witness statement) and then file her reply. Meanwhile CC have been instructed to carry out a section 7 report and we should expect to meet with them in the next 4 weeks. The next hearing date has been confirmed (dispute resolution appointment) at which point the court should have both statements and the CC section 7. If agreement cannot be reached then there will be a final hearing. My wife and I (wife is Aussie of course) have worked night and day on the statement and we had paid a Barrister a fair amount of money to review it before it was submitted. We were advised it was way too long and too detailed so we had some serious editing to do, but the final draft I am really happy with. The Barrister came up with some killer suggestions and edits. For others reading this post who are perhaps in similar situation to mine, it is important to remember that very few LTR (leave to remove) cases are granted on lifestyle merits alone. In fact we barely mention the better lifestlyle in Auz. Our primary reason is that my with and her two kids (from previous marriage ) are Australians and they want to return home. There are other reasons given but this is out main reason. Having now spent hours and hours reading case law, spoken numerous times to our Barrister and knowing what we know now from CC and the judge it is completely clear in my mind where my case is in the balance, I will re-phrase that, where the main argument will be, what the main decision the judge is going to have to make: My two children have a poor relationship with their birth mother, however they have the right to a relationship wth her (should they wish to) - which i totally agree. However if the relationship is not strong enough, how can we expect it to survive such distances ? One of the cases I read, where the applicant was refused LTR was where the judge said in hid summing up "you cant hug skype". So in some way the fact that they dont see their mother (and are right now still refusing to see her face to face) may count against us?!!?!?!! If their relationship was better it would be better for us. So we have spent an awful amount of effort on Contact Proposals once we are in Auz and have come up with what we think is a great legal argument. I cannot post it on here until the case is done and dusted obviously, but i think our contact proposals are really good. Our case is complicated (CC said this before we went in to first hearing). Both my two children are clear they want to go and believe it would a great move for us all, but that might not be enough.

I will mate, i want to chat, so will try next couple of days thanks pal.

Well 2 days ago I had my caffcass telephone interview (safeguarding children) and that went well. The following day received a copy of the safe guarding letter by email. Caffcass have not been able to contact my ex (she has not replied to letters, calls or texts from CC). My first court date is under a week !!! Nervous but have today been practising my opening statement to the Judge if I am asked to say anything intially.

I now have my first Court date which is in a few weeks. Caffcass have written to me and say in their letter 'if there is enough time they will contact me about producing a safe guarding letter for the Court' !!!

Well jodipodi my C100 was actually submitted to Court today ! I am happy to assist, if I can, if you would like to send me a private message, also Major Tom has just been through a very similar situation to me and may be able to help you. Representation really for me was decided on a couple of factors. Firstly the likeliness of the respondent having representation, cost and need. In my case its unlikely the respondent will have representation. I also went through a child arrangements orders last year so feel a little more confident in going to Court and the process involved. I am not having legal rep at the first two hearings but will probably at the final (assuming there will be 3). I did not want a solicitor because solicitors mainly handle 'process', amongst other things obviously, but im good with paperwork and correspondances and feel confident I can self rep. However what I did decide to do was pay for Barrister via the Direct Access Route (i called my local barristers chambers) and made and spoke with a barrister via email. They thought i had a good case and gave me some initial guidance. We then agreed a fixed fee of, well let's say it was just over £400, for the barrister to take a look at all my paperwork, review the C100 before its submitted, talk over strategy and also review the final witness statement as I had already written half of it! In all honesty the barrister was brilliant and I got alot out of it. I wrote a detailed letter to my ex asking for permission and detailing my reasons and contact proposals. I never received a response and as such the c100 was submitted today. Along with the c100 i sent a coy of the letter requesting permission, copy of caffcass section 7 report (from last case) and some letters from social serv about some incidents last year. Now about the draft statement - this was given to my by a solicitor i saw last year (free appointment), at the end of the meeting it was clear i could represent myself and I 'convinced' the solicitor to give me a copy of the document she had (which was a draft final witness statement). My feeling is i got lucky and I dont thinks she should have given it to me as its from a well known legal document supplier that you have to subscribe to. Im not sure if I should be giving out copies thats all. Perhaps send me that PM jodipodi

As promised here is my update on my situation: I have had a meeting with a Barrister who reviewed all my paperwork (including previous social services reports and current child arrangements order). The meeting was very productive and although costly, I believe is probably money well spent as I left the meeting with all the answers to my questions and some very important advice and wording to be used on the C100. I am currently completing the C100 and will be attaching some additional paperwork with it, including a chronology of events (key events since marriage break down), proposal for contact with my ex etc. Next week I hope to be in a position to begin the process of applying for my Partner visa online. The Barrister believes we have good case, however the Caffcass report will be key. Barrister advised we may not need further representation, however the ball is in my court on that matter. What was a surprise is the Barristers response to seeing my draft witness statement, which I wanted to get to work on as soon as possible. I was very fortunate in obtaining a copy of a draft legal document for the witness statements in LTR cases, so I have used this my template and have provided very detailed information the area I propose to move to, housing, finances, travel, schools etc. However the Barrister said it was too detailed and would need to be scaled back ! I was worried it wouldnt be detailed enough to be honest. Anyway its only a draft and i will now need to edit it down and then the Barrsiter has agreed to read through it closer to the time its requested by the judge. I must say although I do feel confident it was reassuring to have a professional look over the case and provide an opinion.

Cheers Major Tom, I will keep this post updated

Thank you for the clarification

Thank you Racman Can I just clarify my understanding of the process. Am I right in saying the first hearing is the directions hearing? Where the judge will inform us what information is required and length of time we have to submit? The next hearing (the final hearing) is where Judge hears representations, discusses with both people and then makes a judgement ?

Does anyone have an opinion on wether Barristers are worth their money? I was set on the idea of instructing a Barrister to review my written statement and C100 and provide advice on my case and then possibly to represent at final hearing. But Major Tom has made me think maybe I dont need a barrister! The other side is unlikely to have legal rep and im pretty quick thinking and good with paperwork, any advice please on legal representation and is it worth it?

You bring instant clarity to my position Captain, thank you

Better off with me and better off in Auz or just better off with me?

Thanks for that CaptainC. I was going to PM you following our previous conversations, there are some obvious similarities with our cases but yours 'seemed' more straight forward to me in terms of the fact you had a professional job offer in Auz. That must have added some weight to your reason to relocate? I take it that was your main reason used in your case?

Again thank you so much for your assistance, it really is greatly appreciated. I have taken on board everything you have said and have already been doing some serious reading on case law! I am wondering If I should offer to pay for her to come visit the children in Australia at least once? My ex has no broadband where she lives but i researched today and discovered she could get fibre, I was thinking of offering to pay for fibre and offering to give her a new laptop with webcam so she can skype the children (aware of case law where mother was applying for LR to Hong Kong where judge discusses some of the issues in using skype and said 'you can't hug skype'). Just trying to cover all the angles

Thank you once again Racman, your advice is always very much appreciated. I am aware of the welfare checklist and thanks for advising that being the father wont make a difference. Can I just ask if you can point me in the direction of anything to read on how an applicant having a residence order combined with there being minimal contact with the non-resident parent affects the case, both for and against? I'm particularly interested in what arguments could be mounted against LR being granted where the non-resident parent has erratic and infrequent contact with the children. I suppose I'm worried that what with the very unstable past the children have experienced with their non-resident parent, and now that things are nice and stable for them with me and my new wife, that it could be suggested that moving them to the other side of the world is unduly destabilising...?

Thank you CaptainC. I am getting pretty worried about our chances, because I am the father applying. Seems most cases are where the mother applies. I know it shouldn't make any difference but cant help feeling that I may be at a disadvantage before i even say anything. I believe we have a very good case and I am doing this with the childrens best intentions at heart, but I am worried.

I just wanted to keep this thread updated (for anyone else who is in or about to enter a Leave to Remove case). I have written a letter to my ex with a detailed report on the reasons why we want to relocate and why its good for the children. All my reasons are very genuine and I am utterly convinced it would be an excellent move for our family. The letter was sent Royal Mail Special and has been signed for but not with the surname it should have been (having checked on the RM track and trace page). My ex lives on her own in a one bedroom flat so pretty sure she has it, however sending a copy today with new covering letter 'to make sure she received it'. Have attended my first mediation appointment and they will be inviting my ex by letter. Have instructed a Barrister via the direct access route and i am meeting with them in early Feb. Have agreed a fix fee for Barrister (who has leave to remove experience) to review paperwork, assist with C100 and review my First Witness Statement which I have already began drafting. Intending to submit c100 around second week of Feb.

My current Child Arrangements Order has the standard wording about being able to remove from UK for up to 28 days without permission. If an agreement with ex is sought It still has to be ratified in Court I understand. I would feel more comfortable with this anyway to be honest. Last thing I need is 3 months after being in Auz someone claiming I forced them to sign the agreement or something similar. I want to go knowing for 100% sure I have done everything right and proper

Thank you Nemesis. An update for all those interested : I have spoken to a MARA agent this morning. What is clear is that the Visa application WILL require proof that I am allowed to remove the children from the UK (obviously). I wont have proof until i have the Court order. So I HAVE to go to Court first and perhaps apply for the VISA at the same time. One other point to consider is that apparently as and when your Case Officer requests information/documents (such as a court order) you will have 28 days to provide it, if you fail to provide info/documents within the 28 days the CO may make a decision on the visa (which would in this case result in refusal!). The other point to consider is that the visa will insist you enter Auz 12 months from the date of the police/medial checks. So I will be going to Court and will apply for visa shorlty afterwards and in my C100 specify that I am applying for the Visa. It has been a 'chicken and egg' question for (which one do I do first) but now i think I am clear. Thanks very much for all those contributed, its what makes this forum really an amazingly helpful thing. Thank you

Are there any on this forum that would provide that kind of advice?

That makes sense Racmac and I totally understand what you say. I wonder if there is anyone else who has had a similar situation and can advise?

Thanks Racmac, but what you have said has confused me a little. It contradicts what some others on this forum have told me to do (which is to apply for ALL the visas at same time as c100). I spoke to a solicitor online yesterday and they also said it would be fine for the visa to have been applied for but not granted at the time of the court making a decision. She said "Courts will and do make rulings based on your plans along with evidence" Can you clarify this at all? My original plan was to apply for MY visa on its own and the once i had the court order apply for my two children. Australia house said I could to that, but it obviously makes the hole process a lot longer

Racmac can I just ask you a couple of questions if you dont mind? I understand you a re very knowledgable about these things? 1. What form is used if we DO agree outside of court? 2. Would you suggest applying for leave to remove and visa at the same time ? The court will be satisfied that we are in the 'process' of applying for the visa ? 3. There is almost zero contact between mother and my two children. Its a very long storey but she does not contact them or see them at all. Last April she was told by the judge to write to the children on a regular basis to rebuild her relationship with them, she has only sent one letter in 9 months! I have genuinley tried to facilitate contact but she is just not motivated to put any effort in. Is there anything else I should do do you think on this matter? Thank you

Thank you Racmac, that is precisely what I am going to do. I am preparing a letter for my ex giving a brief overview of our plans. I intend to meet, discuss and give letter. If agreement cannot be sought (and in all honesty i dont think it will) I will attend me mediation appointment. Infact I arranged that today for 4 weeks time. I will then complete c100 and send off for our visa's at the same time. Thank you

My child arrangements order does mention the 28 day rule and regardless if my ex signs to give permission, I will, having slept on it, go back to court for court permission because my ex is the sort of person who can change her mind suddenly or even claim that i harassed her in to giving permission. I will keep this post updated