snowy510 Posted October 9, 2014 Share Posted October 9, 2014 Good Afternoon all Im an Australian born, currently living in England for the last 22 yrs ( came on hold met a girl & the rest is history) i have been married now twice and have 2 daughters aged 17 & 19 from my first wife, two boys aged 10 & 13 from my 2nd wife, i have full residence orders for the boys and they have lived with me since the youngest was 3 mths old.... ( mother was ill & abused the kids). I Now have a new partner i we have been together for 5 years now & currently in the process of getting her a partner visa & her two daughters aged 14 & 17. What we are planning is by May 2017 the 3 oldest kids will all be over 16 & will have all finshed gcse, so its there choice to go as they want to start collage in Australia the following year. the youngest one he will be 13 yrs old so we will need the permission of his mother to take him, this will be a straight NO, so we will have to apply to the court. What i would like to know, is it best to rock the boat now and give the courts i big detailed plan for 2/3 years down the road or wait till closer to the time? Planning well in advance will this give any weight to the application? Look forward to your replies. Link to comment Share on other sites More sharing options...
Quoll Posted October 9, 2014 Share Posted October 9, 2014 Your 17 and 19 yr olds could be a problem as they will be too old to finish yr12 in Aus - most kids head for Uni at 18 and your kids would need ALevels to get an equivalent score for Uni. They, at least, would probably be better finishing A Levels if they haven't already done so. Your 19 yr old may have A Levels and could then apply to Uni. The 13 yr old will depend on the decision of the courts. If your kids will be these ages several years down the track then move earlier but you may get knocked back by the court for the younger one if they have anything to do with mum. Link to comment Share on other sites More sharing options...
Gbye grey sky Posted October 9, 2014 Share Posted October 9, 2014 Your partners oldest daughter will then be about 20. Is she likely to be included in the application? If so she will need to still be a dependent at the time I believe. Getting the timing right for such an age range will be tricky. With regard to your main question hopefully someone with direct experience of Leave to Remove applications will be able to give the benefit of their experience. Link to comment Share on other sites More sharing options...
snowy510 Posted October 9, 2014 Author Share Posted October 9, 2014 Just to clarify My oldest two daughters are independent now & live away from home, they both have duel nationalities & hold oz passports ;-) My partners two girls are included on her visa applications, one will have completed her A levels and will be applying to a uni in Perth next year( we have already been & seen earlier this year) the other one will have finished her GCSE and wants to go to collage and not stay on at school. My oldest boy will also be 16 and finished his GCSE, this will leave one child aged 13 that we need to apply to the court for. we are planning everything well in advance to demonstrate to the courts this has been well thought out move ;-) Both boys also hold duel citizenship , just need to get there oz passports ;-) Link to comment Share on other sites More sharing options...
blossom Posted October 9, 2014 Share Posted October 9, 2014 Your partners children are the main risk. They have to still be dependent at the time of visa grant. That means no full time work (even part time is iffy if they are not in full time education) and staying in education. Link to comment Share on other sites More sharing options...
Quoll Posted October 9, 2014 Share Posted October 9, 2014 Remember that the two education systems are quite different - the 16 yr olds will have 2 more years of school to go. The College system isn't the same! The non citizen children will have to be proven to be totally dependent upon you and still in full time education - it's a tricky age. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted October 9, 2014 Share Posted October 9, 2014 I don't have any experience with custody issues related to immigration, but I'd be leery that a court order of 2014 wouldn't be questioned again in 2017 when you intend to migrate. So you may want to leave it until about a year before your intended move before starting this ball rolling. Hopefully those who have gone through this process can give more relevant advice though. Link to comment Share on other sites More sharing options...
jac2011 Posted October 10, 2014 Share Posted October 10, 2014 At 13 from the research I did the court would take a strong interest in what your 13 year old would tell Caffcass. It depends on how much contact they currently have with your ex and whether you can prove you would maintain contact in Australia. However, I would start the process around 18 months prior to leaving. It can take up to 12 months if your ex fights you all the way. Link to comment Share on other sites More sharing options...
Parley Posted October 10, 2014 Share Posted October 10, 2014 I think it will be hard to get court approval for a father to take a child away from his mother. Happens often in reverse but I suspect a court would be loathe to approve when the roles are reversed. Link to comment Share on other sites More sharing options...
snowy510 Posted October 10, 2014 Author Share Posted October 10, 2014 The residence order I got was approved by all 5 parties during the 3 year court case, even the mother agreed and has never in the last 10 years challenged this..... Not many fathers win their kids over the mother, but I did !!!! Re all the schooling for the older kids this has already been sorted and taken into account. my biggest shock of the day is the solicitors has just outlined the fees to take this to court, and like she said 99 % of these now go to final hearing, ...... At a rough estimate depending if a barrister is needed is in the range of £10-20k ... Wow I fell off my chair when I read the email. what I would like to know if it costs me that much money , does it cost roughly the same for the mother to defend it? Link to comment Share on other sites More sharing options...
Gbye grey sky Posted October 10, 2014 Share Posted October 10, 2014 The residence order I got was approved by all 5 parties during the 3 year court case, even the mother agreed and has never in the last 10 years challenged this..... Not many fathers win their kids over the mother, but I did !!!! Re all the schooling for the older kids this has already been sorted and taken into account. my biggest shock of the day is the solicitors has just outlined the fees to take this to court, and like she said 99 % of these now go to final hearing, ...... At a rough estimate depending if a barrister is needed is in the range of £10-20k ... Wow I fell off my chair when I read the email. what I would like to know if it costs me that much money , does it cost roughly the same for the mother to defend it? I would say that it depends how much she wants to win the case what sort of legal representation she seeks. As the Apellant the burden of proving a case probably resides with you so she could choose not to be represented at all I guess. Link to comment Share on other sites More sharing options...
jac2011 Posted October 10, 2014 Share Posted October 10, 2014 Id try another solicitor, we had ones that represented some famous celebrities etc and she said with a barrister maximum of £6000 but it was unlikely to get this far. My ex quit before the first court case as we worked things out between us. Link to comment Share on other sites More sharing options...
wrussell Posted October 10, 2014 Share Posted October 10, 2014 Good Afternoon all Im an Australian born, currently living in England for the last 22 yrs ( came on hold met a girl & the rest is history) i have been married now twice and have 2 daughters aged 17 & 19 from my first wife, two boys aged 10 & 13 from my 2nd wife, i have full residence orders for the boys and they have lived with me since the youngest was 3 mths old.... ( mother was ill & abused the kids). I Now have a new partner i we have been together for 5 years now & currently in the process of getting her a partner visa & her two daughters aged 14 & 17. What we are planning is by May 2017 the 3 oldest kids will all be over 16 & will have all finshed gcse, so its there choice to go as they want to start collage in Australia the following year. the youngest one he will be 13 yrs old so we will need the permission of his mother to take him, this will be a straight NO, so we will have to apply to the court. What i would like to know, is it best to rock the boat now and give the courts i big detailed plan for 2/3 years down the road or wait till closer to the time? Planning well in advance will this give any weight to the application? Look forward to your replies. May I suggest that you consult a registered migration agent for advice about strategy? Link to comment Share on other sites More sharing options...
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