Tylerneve Posted September 4, 2012 Share Posted September 4, 2012 I need some help and advice from anyone who has or is going through this we are in court in November for a final hearing to decide if we can immigrate to Adelaide Australia as a family with my 5 year old son as his father is not willing to sign a consent form so we need the court to hopefully grant us this, my partner already has a resident return visa as he grow up there his parents immigrated there when he was 7 years old almost 30 years ago they still live and work there as dose his two brother so we are going over to be near to his family, his parents are buying an investment propert for us to move straight in to should we be granted to move also my partners father has a small business that hopefully my partner could help him run. I would really like some advice on what the court are looking for in order to grant us the move any advice greatly needed thanks in advance Sharon and Lee Link to comment Share on other sites More sharing options...
Freesia Posted September 4, 2012 Share Posted September 4, 2012 http://www.alternativefamilylaw.co.uk/en/international/relocation-abroad-children.htm as you will know,this can be a very contentious issue & each particular situation is different...there have been other threads you can use the search facility to locate......but this will give you an initial overview of how the courts deal with it- there will be others you can find through google. Link to comment Share on other sites More sharing options...
memmymooch Posted September 4, 2012 Share Posted September 4, 2012 Hi Sharon and Lee i had to go to court to get permission for holiday visa as pre cursor to application to remove we fly on sat for 3 weeks and on our return will be making the big request for the court to consider. Did you have to have in depth interview with cafcass? Our solicitor has told us to expect that. I have also been told that will have to evidence I know where we will live have visited schools in that area and that there are places available. Also how contact will be maintained with other parent and wider family back home. Its all so stressful! I have a job offer in a Melbourne hospital starting next year and just had CO allocated on 175 visa who is requesting evidence kids can travel so hoping courts won't drag their heels too much - how long has it taken you to get to this point ? It took 4 months to get holiday visa through historically case law had favoured the mother and allowed her to move especially where an argument could be made that it would be detrimental to the welfare of the child and family unit in terms of the impact on mothers mental state in being forced to remain here. Recently however that position has started to shift and in cases where there is a good deal of contact and strong ties between father and child permission has been refused even on appeal there was a case I think last year where step dad was oz police officer and mum wanted to relocate but court felt that given hubby was happy to stay here in uk if required it was a ploy by her to exclude her ex from kids life and not a genuine reason to go sorry can't be much more help than that can only say understand the nightmare you are going through and fingers crossed you get the result you want mem x Link to comment Share on other sites More sharing options...
Sammy1 Posted September 5, 2012 Share Posted September 5, 2012 If your child has a close relationship with your ex and sees him very regularly and your ex pays child support, then you will have immense difficulty persuading any court to let you take him out the country to live. If you can prove that they don't see each other and that he does not support your child then you may be in with a chance - but it is still a small chance. Sorry to be negative, or realistic really. Start collecting as much evidence as you can that your child's life will be improved incredibly by moving overseas. If you are in financial trouble and can show that quality of living will be dramatically improved ( for your child ) by the move - then do that too. Remember it will all be considered by the Judge as to what is in the best interests of the child, rather than yours. Obtain the best possible lawyer that you can. Link to comment Share on other sites More sharing options...
rachall Posted September 5, 2012 Share Posted September 5, 2012 Hi Understand how you must be feeling. I got leave to remove my 14 year old daughter and full custody as I could prove that her father had not provided any financial support or any contact for 9 years. I still had to prove that I had the means to support myself in oz and it was very stressful. You need to be prepared for all eventualities if dad has contact as it won't be easy. Best of luck.X Link to comment Share on other sites More sharing options...
Guest Movingforward Posted September 10, 2012 Share Posted September 10, 2012 Hi Tylerneeve, I am going through the same process and my court hearing is on the same month,... I have the same querries and concerns as you to add that I am a bit concerned about how much this is going to end up costing? I have gone already over the original quote from the solicitors and I wondered if you know or anyone else how much this is likely to cost me at the end? Anyone who has already a court decision? As per your concerns, I've been told that the courts will look at how well thought is the move, and the impact on the child's wellbeing, and that you are more than willing for the child to continue having contact with the father... but I guess each situation is different... regards Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted September 10, 2012 Share Posted September 10, 2012 The main thing you do need to show is that you have thought how your child can stay in touch with their father, ie writing letters, paying for his flight to visit once a year, Skype, email. You need to show you have looked at schools, what will you do for a job. Geoff (username Tracy123) has been through this quite recently and posted some excellent threads. Touch wood from the people who have posted on here I haven't heard of one who has had to stay in the UK. AUS is totally different and we have some mums stuck here who can't return with their children Link to comment Share on other sites More sharing options...
Guest Trueblue22 Posted September 10, 2012 Share Posted September 10, 2012 Courts will also look at any emotional impact it may have on you as a mother if you have to remain in the UK. I have also heard people suggest forfeiting any maintenance you may receive to enable the father to pay for flights, accommodation, etc to enable visits to Oz. Best of luck. Link to comment Share on other sites More sharing options...
Guest indigomouse Posted October 8, 2012 Share Posted October 8, 2012 Hi, There are many legal experts on here, few talk sense. I would give you this advice........... Never write on here what you would not write on a post card. If I was defending your childs right to stay with the Fathers in UK, or the Fathers right to have his child remain in UK then I feel there is a vast amount of material below for a decent lawyer or indeed cafcas officer to deploy in order to prove that it is for your sake that you are planning a move,,,,,,,,,,,,,, not for the childs sake. What you have to think about is the child. it is non-sense that the mother has to be granted leave to take the child,,,,,,,,, your child is old enough not to qualify. please try and think about your child, it is the child which is most important. You do not mention if your child has a relationship with his father etc. If you do need some advice then please feel free to pm me. I feel sorry for your position and do not wish to sound in any way off,,,,,,,,,,,either to others on here or yourself. kind regards. Link to comment Share on other sites More sharing options...
wrussell Posted October 8, 2012 Share Posted October 8, 2012 I would really like some advice on what the court are looking for in order to grant us the move any advice greatly needed thanks in advance The best interests of the child. Link to comment Share on other sites More sharing options...
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