Dreamy Fish Posted June 17, 2014 Share Posted June 17, 2014 Hi I didn't want to resort to asking on PIO but it's too big for me now and none of my friends have been through anything similar. I've tried the search option here and I've read most of the threads but now I need some advice from people who've been through a leave to remove case. I have pm'd a couple of people like Tracy123 and Shaznay (sp?) but not heard back so if anyone could nudge them or if they see this, or anyone else who has been through this....please pm me as I can't publicly post. Any help would be greatly appreciate. DF Link to comment Share on other sites More sharing options...
calNgary Posted June 17, 2014 Share Posted June 17, 2014 Hi I dont think those members come on the forum anymore but ive bumped your post in hope someone will be along to help Cal x Link to comment Share on other sites More sharing options...
Dreamy Fish Posted June 17, 2014 Author Share Posted June 17, 2014 Thank you, I hope so. x Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted June 17, 2014 Share Posted June 17, 2014 I've asked Tracy123 if she can get in touch so fingers crossed. Link to comment Share on other sites More sharing options...
Rachel Tilley Posted June 17, 2014 Share Posted June 17, 2014 Hi there, I've been through it and currently volunteer on another website that supports mums trapped in these cases. Please PM me and I will help you all I can. Rachel x Link to comment Share on other sites More sharing options...
Dreamy Fish Posted June 17, 2014 Author Share Posted June 17, 2014 Pom Queen I really appreciate that, thank you. And thanks for the PM Rachel, I will respond. DF x Link to comment Share on other sites More sharing options...
redleader Posted August 8, 2014 Share Posted August 8, 2014 I have dreamy Fish. PM me if you need any more help. x Link to comment Share on other sites More sharing options...
Dreamy Fish Posted August 8, 2014 Author Share Posted August 8, 2014 Thanks for the responses. After a two day hearing, I won. Df x Link to comment Share on other sites More sharing options...
redleader Posted August 8, 2014 Share Posted August 8, 2014 are you the parent who wants to go, or the one that will be left behind? Link to comment Share on other sites More sharing options...
Dreamy Fish Posted August 8, 2014 Author Share Posted August 8, 2014 The parent who wants to go. I didn't want to post publicly about it because I've seen how judgmental it can get here. But my god I am so happy right now. Link to comment Share on other sites More sharing options...
soco2412 Posted August 17, 2014 Share Posted August 17, 2014 Hi Dreamy fish, I hope you dont find me nosey but i wondered if you could offer some advise on what to prepare and what they ask in court ? Unfortunately i am also in the process in applying for a leave to remove for my son, and i have the first court hearing in a couple of weeks Thanks Link to comment Share on other sites More sharing options...
Dreamy Fish Posted August 17, 2014 Author Share Posted August 17, 2014 Hi there, I will send you a private message shortly, it'll be easier to chat that way x Link to comment Share on other sites More sharing options...
Aussie101 Posted August 31, 2014 Share Posted August 31, 2014 Can I piggyback on the back of this thread.... I would love to hear from you dreamy fish, I am about to begin a leave to remove case. I have done a lot of research and just back from Australia which has confirmed my plans. Just daunted about the court process and would like some q's answered. Did you go it alone or have a solicitor? Link to comment Share on other sites More sharing options...
Aussie22 Posted October 19, 2015 Share Posted October 19, 2015 Hi all Sorry to bother everyone I am just posted on the two most recent leave to leave thread hoping for a reply CAFCASS completed section 7 report two weeks ago and I am devastated. She presented my exes lies allegations as facts without any and left out my ex abused me and was still displaying controlling and bullying behavior barely touching on it. Then to top it off my ex wont more out the property doesn’t help with the kids and she said we are both primary carers of the kids !!! I am beside myself and so worried I won’t get the leave to remove application based on her recommendations which was for the child to stay in the UK Please any advice would be greatly appreciated I am beside myself Link to comment Share on other sites More sharing options...
Sammy1 Posted October 19, 2015 Share Posted October 19, 2015 Hi all Sorry to bother everyone I am just posted on the two most recent leave to leave thread hoping for a reply CAFCASS completed section 7 report two weeks ago and I am devastated. She presented my exes lies allegations as facts without any and left out my ex abused me and was still displaying controlling and bullying behavior barely touching on it. Then to top it off my ex wont more out the property doesn’t help with the kids and she said we are both primary carers of the kids !!! I am beside myself and so worried I won’t get the leave to remove application based on her recommendations which was for the child to stay in the UK Please any advice would be greatly appreciated I am beside myself That's a tough one. Are you both living in the same property together with the children? Naturally you would both be seen as primary carers. Link to comment Share on other sites More sharing options...
Aussie22 Posted October 19, 2015 Share Posted October 19, 2015 Yes he won't leave the property I file for divorce over a year ago. Surely it can't go in your favour no leaving the property and gain you more rights. The last social services officer asked him to leave the property in jan of the year Link to comment Share on other sites More sharing options...
Aussie22 Posted October 19, 2015 Share Posted October 19, 2015 Please excuse all my typos I was trying to multi task Link to comment Share on other sites More sharing options...
Londongal76 Posted October 19, 2015 Share Posted October 19, 2015 legally he has no obligation to leave the property. Unless he's been removed due to other reasons, abuse etc, then I'd guess that was different as you'd have restraining orders in place. Financially, if you both own it, until your divorce is through and settled he has as much legal right to be there as you do. Link to comment Share on other sites More sharing options...
Aussie22 Posted October 19, 2015 Share Posted October 19, 2015 Yes I understand and have sort legal advice regarding his rights to remain in the property and he is well within them. My question would would be surely by remaining in the property doesn't give you more parent responsibility over the children. Him remaining in the property and stating he is a primary carer is surely incorrect wouldn't this be up to the courts to decide. Link to comment Share on other sites More sharing options...
Londongal76 Posted October 19, 2015 Share Posted October 19, 2015 I guess it works in his favour if he says he's staying there for their sake, whatever the reality is. If there is abuse, be it physical, emotional or financial, then that should be logged with the police and your lawyers, otherwise it's all hearsay. I feel for you and sympathise, I really do, but you have to take a step back and look at it from an outside view. At the end of the day the children need to be both your priority and not caught in the middle. Link to comment Share on other sites More sharing options...
Aussie22 Posted October 19, 2015 Share Posted October 19, 2015 Yes the abuse has been recorded and threats made in front of the children. disappointing I am trying to play fair and all his dirty games are working turning the kids against me. I am sure the courts are fair and will follow the case law set. It would be up to the judge to state who is the primary simply not a case of not leaving the property Link to comment Share on other sites More sharing options...
Quinkla Posted October 19, 2015 Share Posted October 19, 2015 If your ex is abusive and makes threats in front of the children, why are you still living with him? Why wouldn't you have moved out? From an outsider's perspective, it is obviously going to look like you are all living together as a family and you are both primary carers. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted October 19, 2015 Share Posted October 19, 2015 Speaking from experience I'd be very careful what you post on an open forum, it can be used against you. Link to comment Share on other sites More sharing options...
Londongal76 Posted October 20, 2015 Share Posted October 20, 2015 Don't assume the courts will go either way. The courts are a mess and anything can happen. You need to do what you need to do to keep your kids safe. AS do social services, if there's been abuse, why aren't there restraining orders? Link to comment Share on other sites More sharing options...
Sammy1 Posted October 20, 2015 Share Posted October 20, 2015 It's a tricky situation. You are not divorced yet from the sound of it. Do you have a good job to come to here? Have you found a good location with good schools? Do you have a support network already set up in Australia for the children? It's a tricky one as you all still live together and the children's Father has daily contact and can prove that. The best interests of the children will be considered.. You may well have to put your plans on hold and start creating a future there for yourself and your children first. Start with the finalising of the divorce and the separation of assets, the house etc. Then see what contact your ex maintains with the children. At the moment it sounds like there is little in your favour, especially as a report has already been written against you. Most of all, if you are in a dangerous situation, then you must get yourself and the children out of there. Hard of course, but necessary. Link to comment Share on other sites More sharing options...
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