shazney64 Posted September 1, 2006 Share Posted September 1, 2006 First post so hi to everyone and am so glad i found this site> Any help most grateful!! I have been and seen a solicitor and they have advised me to go and see about the normal things that you have to do prior to living in a new place eg register my son with a school dentist, doctor etc... As i need to prove that this will be a better life for my child. We are hoping to move to Corrimal and have checked out there website etc... but still not found any links to help me get any further. We are not planning to move until August 08 whivh i feel makes it even more difficult as no one will take us on the regsiter yet. If any one has ever had to do the same would love to know. Spending hours on the net!! :roll: Thanks Shaz Link to comment Share on other sites More sharing options...
ali Posted September 1, 2006 Share Posted September 1, 2006 Shaz, you may find it difficult to register until you're actually in the country and have an address etc., Other people have had similar problems getting ex partners to give permission etc., if you use the 'search', bit at the top of the page and enter key words then you may find your question has already been answered by someone else. Ali Link to comment Share on other sites More sharing options...
Guest Phil Olsen Posted September 2, 2006 Share Posted September 2, 2006 Hi Shaz Do you have the visa yet or are you applying. If you have not applied yet, then the Department of Immigration and Multicultural Affairs will require proof that you have custody to take your child out of the country. Hope that helps Phil Link to comment Share on other sites More sharing options...
swifty99 Posted September 3, 2006 Share Posted September 3, 2006 Hi Shaz, i also have had to get permission from my ex to take my son who he has had next to no contact with him for 12 years out to oz, this was achieved with 'what can you offer him in this country' and the court threat, christ the thought of him parting with his own cash was enough for him to agree to do the stat dec but i am expecting him to ask for me to pay for his solicitor Laura Link to comment Share on other sites More sharing options...
MikenSal Posted September 21, 2006 Share Posted September 21, 2006 Were in the same boat. We have taken a bit of advice on it but we can't even apply for our visa until we have permission. On top of this, both son's have different fathers, one see's his son 48hrs (if that, Overtime seems more important) per fortnight and the youngest has refused to go to his dad's(who pays minimum maintenance, despite being a self employed chiropractor!!) since before christmas!! We are in the process of gaining the courage to approach both fathers about our plans, but don't know where to start. WE know it's going to be a better life for us all but how do we explain this to the fathers? 'Ummm, well the weathers nice....ummmwe'll be near a beach..errr? All we can hope for is Luck, the 'what can you offer them' line, the threat of court and the lure of 'no maintenance'. Sorry we can't be of any assistance but at least you know that your not the only one out there with this problem. Good luck, and GO FOR IT. Link to comment Share on other sites More sharing options...
ali Posted September 21, 2006 Share Posted September 21, 2006 I've heard that threats such as - we will be going whatever, so if you don't give permission for your child to go too then we will sort out arrangements for you to have them full time and they can come to me for holidays. You don't have to mean these threats, but usually the absent parent who has little or no contact will reconsider faced with 24/7 responsibility, cost etc., I think they usually say no because they want to be difficult, the other thing is say that you won't want any money from them once they move - always a good incentive!!!! Hope it all works out for you Ali x Link to comment Share on other sites More sharing options...
Guest wardy Posted September 21, 2006 Share Posted September 21, 2006 We are also in the same position. My eldest son is 17 but I still need permission despite the fact father and son have had one meeting and no maintenance in 15 years. Unfortunately for me I have misplaced the residency order I was given all those years ago, so I applied to the magistrates to get a copy only to be told they have no record of the hearing in either magistrates or County court so I can't get any paperwork. When I did speak to my sons dad much to my surprise there was no resistance and he is quite happy to sign any declarations neccessary in order for him to go. He thinks it will be great for him. Hopefully you will have no problems gaining permission either and it will be straight forward like mine they might just surprise you. Good luck Wardy Link to comment Share on other sites More sharing options...
shazney64 Posted September 28, 2006 Author Share Posted September 28, 2006 Thanks for the replies Just thought i would update you We have approached the father for permission, didn't go that bad i thought :? ( he didn't scream or throw anything!) But he did say he would fight all the way, I had offered the no more maitanance approach and suggested he can save that for flights. He thought that was funny as he would of refused to pay anyway if i moved to oz!. Worth a try, I thought. In solicitors hands now applying for a court order. Have suggested mediation to see if we can sort out suitable contact arrangements as a last plea to not involve strangers interviewing our child. Hoping for the latter, Im sure will come good in the end ( always told you have to fight for what you want) keep in touch all sharon x Does help to type Link to comment Share on other sites More sharing options...
ali Posted September 29, 2006 Share Posted September 29, 2006 keep us posted, I'm sure it'll have a happy ending Ali Link to comment Share on other sites More sharing options...
MikenSal Posted September 29, 2006 Share Posted September 29, 2006 GOOD LUCK. We're still trying to pluck up the courage. Link to comment Share on other sites More sharing options...
MikenSal Posted September 29, 2006 Share Posted September 29, 2006 Just one thing i forgot to ask. Have you any idea how much it would cost to go through the courts? We have been told that to get the court order independently costs about £120. Obviously this will cost more with a solicitors help. But if it goes further, we were told it could cost thousands. Have you any idea? Link to comment Share on other sites More sharing options...
Guest Daceys Posted September 29, 2006 Share Posted September 29, 2006 MikenSal We've not gone fully through the courts as our complicated case finished in a puff of smoke and that cost us £1000. Personally, I would go Litigant In Person with a McKenzie Friend. (Do it yourself) It would be cheaper and you would get help from the Judge, if you have a good case then I feel that this would be the route. Obviously this is only advise from our experience . Good luck Al and Kaz. Link to comment Share on other sites More sharing options...
Guest wackyjacky Posted October 6, 2006 Share Posted October 6, 2006 hi new to site left a mess yesterday on migratin issues got two replys thanks and told to look at dilemas and shaz well i am remarried beeen with hubby 11years and he has bought my son up from first marriage( wot a mistake that was!!) any way son 13 and we have 6 year old boy girl twins have been accepted on tra hubby a builder but ex wont sign stat dec for eldest althogh he has irregular visits on dole claimin incapacity benefit drinks gambles smokes!! we have started court procedings on our own cost £175 approx cos solicitor advised would cost a lot of money and time to go through him and we have a really good case so goin it alone! me and a friend hand delieved court papers to him got great pleasure in that!! havent heard from him since and we go to court 16th oct son has to speak to cafcass officer he aint to keen on leavin friends no mention of his dad. got lots of paper work housesto rent buy jobs avaliable wages and schools profile going with lots of eveidence to show better way of life so go for it alone first cos the money saved wikl pay for flights out!! be positive willlet no outcome bye :lol: Link to comment Share on other sites More sharing options...
bagshawd Posted October 15, 2006 Share Posted October 15, 2006 We have two girls 15yrs (My daughter) & 12yrs(Wife's Duaghter) from both our previous marriage....if you understand that. Anyway to cut a story short we all went over to Oz last year, one to get married there and secondly for a holiday and have a good look around (even schools) and for us all to take it in, which was good for the kids. Going through the migration process, on the applications you have to have permision from the ex's. And likewise we were going to have difficulties, but went in two different directions i.e. Lisa had to take her ex husband to court and the judge ordered mediation between the both of them but not the daughter (12yr old) this resolved the matter for the cost of £180 and issued with a court order to the effect. Like someone stated when it come to costing the ex money he quickly backed down. Myself was rather easier. My daughter (15yr old) had told her mother she wants to go, and my ex wife agreed that it would be a better life for her. The cost was literally £5 for a stat declaration that I raised and was signed for by my ex and witnessed by a solicitor (simple & easy). And this I can confirm has been approved by DIMA. Some advice to you that we used: Get as much information of where you will settle and the school, this is good for the ex & judge. The kids get dual citizenship after 2 yrs both UK and Oz passports which gives them a broader future where they want to settle. Better schooling and colleges. 20 million in Oz compared to the overcrowded 68 million in the UK. How do the kids get on the property ladder her (Can't afford to) Job situation and salary's And the last good one we used was, get the kids on MSN with a web cam this works well. So much for keeping it short! I hope this helps, and best of luck. Link to comment Share on other sites More sharing options...
Guest wackyjacky Posted October 30, 2006 Share Posted October 30, 2006 hi well i went to court with months worth of homework on oz schools house s jobs etc had to take son age 13 as well . we didnt use a sol too much money and thoght we would try on own first , went to court last week ex didnmt show waited 2 hours and was in and out of judge room 3 mins , didnt want to talk to my son or see my homework, asked why ex wouldnt sign for son to emigtare had he a good reason or being awkward i said being awkward he clapped his hands made a few notes then saidthere you go you have your court order, we were gobsmacked and said do wehave to come back he said No OFF YOU ALL GO TO YOUR NEW LIFE IN AUSTRALIA!!!!!!!! we won so fingers crossed PERTH here we come, got to have medicals next and police check so worth all the hasssle and not worth a solicotor ! :lol: Link to comment Share on other sites More sharing options...
Guest wackyjacky Posted October 30, 2006 Share Posted October 30, 2006 hi well i went to court with months worth of homework on oz schools house s jobs etc had to take son age 13 as well . we didnt use a sol too much money and thoght we would try on own first , went to court last week ex didnmt show waited 2 hours and was in and out of judge room 3 mins , didnt want to talk to my son or see my homework, asked why ex wouldnt sign for son to emigtare had he a good reason or being awkward i said being awkward he clapped his hands made a few notes then saidthere you go you have your court order, we were gobsmacked and said do wehave to come back he said No OFF YOU ALL GO TO YOUR NEW LIFE IN AUSTRALIA!!!!!!!! we won so fingers crossed PERTH here we come, got to have medicals next and police check so worth all the hasssle and not worth a solicotor ! :lol: Link to comment Share on other sites More sharing options...
Guest wackyjacky Posted October 30, 2006 Share Posted October 30, 2006 hi well i went to court with months worth of homework on oz schools house s jobs etc had to take son age 13 as well . we didnt use a sol too much money and thoght we would try on own first , went to court last week ex didnmt show waited 2 hours and was in and out of judge room 3 mins , didnt want to talk to my son or see my homework, asked why ex wouldnt sign for son to emigtare had he a good reason or being awkward i said being awkward he clapped his hands made a few notes then saidthere you go you have your court order, we were gobsmacked and said do wehave to come back he said No OFF YOU ALL GO TO YOUR NEW LIFE IN AUSTRALIA!!!!!!!! we won so fingers crossed PERTH here we come, got to have medicals next and police check so worth all the hasssle and not worth a solicotor ! :lol: Link to comment Share on other sites More sharing options...
seaangel Posted October 30, 2006 Share Posted October 30, 2006 hi well i went to court with months worth of homework on oz schools house s jobs etc had to take son age 13 as well . we didnt use a sol too much money and thoght we would try on own first , went to court last week ex didnmt show waited 2 hours and was in and out of judge room 3 mins , didnt want to talk to my son or see my homework, asked why ex wouldnt sign for son to emigtare had he a good reason or being awkward i said being awkward he clapped his hands made a few notes then saidthere you go you have your court order, we were gobsmacked and said do wehave to come back he said No OFF YOU ALL GO TO YOUR NEW LIFE IN AUSTRALIA!!!!!!!! we won so fingers crossed PERTH here we come, got to have medicals next and police check so worth all the hasssle and not worth a solicotor ! :lol: Just wanted to say congratulations!! I know there are quite a few people in the same position as yourself as regards ex's. It gives them a bit of hope! Well done and now for the next stage! Good luck! Link to comment Share on other sites More sharing options...
shazney64 Posted January 25, 2007 Author Share Posted January 25, 2007 Hi all I have faith in the system, i have attended mediation and deciding day is this Tuesday. My ex partner has to decide if he can allow me to take my son to oz or if we need a court to decide :evil: At least though being more positive we know what to do next. fingers crossed looking forward to asking tons of questions when we are allowed to apply for visas. shaz Link to comment Share on other sites More sharing options...
ali Posted January 25, 2007 Share Posted January 25, 2007 Good luck Shaz, hope it doesn't have to go as far as court but like you say at least you know all the steps you have to take. Fingers crossed Hugs Ali Link to comment Share on other sites More sharing options...
Guest nev_n_angie Posted January 29, 2007 Share Posted January 29, 2007 Hiya It's removal of children from the juristiction order - then one to take them out of the country - it's not done seperately, but there are 2 bits to it! Just got mine through! HOORAYYY!!!! Link to comment Share on other sites More sharing options...
Guest nev_n_angie Posted January 30, 2007 Share Posted January 30, 2007 Hiya It was a bit of a worry to start with - it's started at the ned of November and we got the order last week! It helps because a written agreement from ex in the presence of a solicitor is OK - but the ex can change his or her mind at the last minute and then you've got to apply for a court order. I wanted to put clarity on this as we will have enough to sort out - so we went straight for the order. Job Done! Best of luck....Angie x Link to comment Share on other sites More sharing options...
Guest bewildered Posted January 31, 2007 Share Posted January 31, 2007 Hi Angie Just wondering if you can help. My ex is coming round to the idea of giving permission for me to take our son to oz. However he wants me to stipulate on the stat doc that i will bring him back for four weeks a year until he is at least 19. Whilst this is not an unreasonable request i wondered if it was something a court would also demand? Hope you can help Thanks Bewildered Link to comment Share on other sites More sharing options...
Guest nev_n_angie Posted January 31, 2007 Share Posted January 31, 2007 Hiya We agreed to not receving any child support payments from the day we leave - this means that ex can save up and come and see kids. The courts will look at the ages, welfare and who the kids reside with. I manged to get my orders as an attachment to the original divorce papers - used the same case number etc. This kept costs to a minumum. My order states that reasonable contact is to be arranged between both parties - kids are 14 and nearly 11, so they can email, call, webcam etc - if at any point they want to come back and see extended family - no problem! You have to bare in mind the 4 weeks though - kids summer holidays are Chrsitmas Holidays there so he has to be able to provide 4 weeks worth of care during that time?? If the kids live with you and see him 'x' number of times a week/month, then you have the better case - it's sad and upsetting if you look at it from their perspective, but we believed that it's a better life for our kids - he came round to thinking the same - his thoughts about not wanting them to go were purley selfish on his part - which he understood. That's not to say that I wouldn't have thought the same if the show was on the other foot - it's a better life for the kids and they will have soooo many more chances to grow and do things they want! I hope this helps Angie Link to comment Share on other sites More sharing options...
Guest bewildered Posted January 31, 2007 Share Posted January 31, 2007 Thanks Angie Ex doesnt pay child support as he is re-married with two daughters under five. My son does live with me and has done since we divorced almost ten years ago. Whilst i want to be as reasonable as possible with him as like you say if the shoe was on the other foot id be fighting all the way, i dont want to agree to set dates that i might later regret. My son will be thirteen by the time we get out to oz in summer 08 so i wont have to do it for that long in the scheme of things. After reading your last comment about them being able to change their minds even after signing a stat doc in front of a solicitor i have decided that it will probaly be for the best to go through the courts. Sorry to ramble. Just nice to have someone to talk to who understands. Take Care Bewildered Link to comment Share on other sites More sharing options...
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