CaptainC Posted July 21, 2015 Share Posted July 21, 2015 Yes all Royal Mail documentation has been printed off, Father wasn't present, that's no surprise, he's not come to anything my partner has organised! Cheers MT Well that all stacks up against him in the end. Good luck. Link to comment Share on other sites More sharing options...
Racmac Posted July 21, 2015 Share Posted July 21, 2015 I would get application issued ASAP, he's had plenty of opportunity to cooperate. if you want me to look at application I'm more than happy to have look Link to comment Share on other sites More sharing options...
Major Tom Posted July 29, 2015 Author Share Posted July 29, 2015 Update:- Last Saturday I had a phone call from the Post Office that they have tried to deliver the letter 4 times, one more time than is expected, and now they will not pursue to deliver any longer, keep at the depot for a couple of weeks, then it will be sent to a non deliver centre. Cheers MT Link to comment Share on other sites More sharing options...
CaptainC Posted July 29, 2015 Share Posted July 29, 2015 Update:- Last Saturday I had a phone call from the Post Office that they have tried to deliver the letter 4 times, one more time than is expected, and now they will not pursue to deliver any longer, keep at the depot for a couple of weeks, then it will be sent to a non deliver centre. Cheers MT Oh well, that was his opportunity to be civil I suppose. Stage 2 commences then! Link to comment Share on other sites More sharing options...
Major Tom Posted September 16, 2015 Author Share Posted September 16, 2015 After a bit of a wait our end for documentation from a previous Solicitor, Cafcass reports and Mediation, we have successfully submitted the C100 Form today. A big thank you to @Racmac and @CaptainC for their expert advise and support, will keep you updated of the progress! Cheers MT Link to comment Share on other sites More sharing options...
CaptainC Posted September 16, 2015 Share Posted September 16, 2015 After a bit of a wait our end for documentation from a previous Solicitor, Cafcass reports and Mediation, we have successfully submitted the C100 Form today. A big thank you to @Racmac and @CaptainC for their expert advise and support, will keep you updated of the progress! Cheers MT Best of luck MT!! I'm rooting for you. Link to comment Share on other sites More sharing options...
Major Tom Posted September 22, 2015 Author Share Posted September 22, 2015 The court papers arrived today, date is set for 3 weeks, October 14th...............time to do some homework, and get all our Ducks in a row! :-) Link to comment Share on other sites More sharing options...
CaptainC Posted September 22, 2015 Share Posted September 22, 2015 The court papers arrived today, date is set for 3 weeks, October 14th...............time to do some homework, and get all our Ducks in a row! :-) Best of luck! Link to comment Share on other sites More sharing options...
Major Tom Posted October 12, 2015 Author Share Posted October 12, 2015 On great advise, we have completed a file, completed an index, and put everything we can think of inside, we've done 3 copies, one for us, one for my Stepson's Father, and one for the Judge, plus index'd it all so know one has issues with finding certain paperwork....................one more day!!! Link to comment Share on other sites More sharing options...
Major Tom Posted October 15, 2015 Author Share Posted October 15, 2015 Right peoples, we spent the day in Court yesterday. We arrived 45 minutes beforehand to see if there was any chance of some sort of mutual agreement between both parties, but it was obvious, that wasn't going to happen. Cafcass were unable to get hold of my stepson's father through details he advised on his court return papers, so Cafcass asked for a few minutes to go through details with him, and my Partner. We then presented our file, all 45 pages, from doctors reports, clinical physiologist, potential schools, colleges, houses to rent/buy, distances to schools, clubs to join, distances to Australian relations, social media and web medial of fathers 'family' and statement report, so when they were all in front of the judge, he asked for another report for Cafcass, and requested another wishes & feelings report to be compiled by Cafcass by 18th December. My stepsons father, wasn't prepared tbh, he was scibling notes in the waiting room, and refused to read the report we provided before he went in to see the judge. The case has now been transferred to the Distric Judge because of Jurisdiction request, this is likely to be in early January 2016. It has been a bit touch and go gathering all information for the report, but do not even attempt to apply for a C100 without one! Will keep you all updated with progress, next step Cafcass interview. Cheers MT Link to comment Share on other sites More sharing options...
Aussie22 Posted October 19, 2015 Share Posted October 19, 2015 Hi all 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...
Racmac Posted October 20, 2015 Share Posted October 20, 2015 Hi allCAFCASS 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 You may want to start your own thread on this. but I'm afraid that if cafcass are of the opinion that child should stay in uk then you have uphill battle in persuading the court to depart from the report. Do you have Solicitor acting for you? Generally speaking the courts will refuse leave to remove if there is a strong relationship between children and non resident parent. Link to comment Share on other sites More sharing options...
Aussie22 Posted October 20, 2015 Share Posted October 20, 2015 Ok I just had a call with the lawyer and he said he had loads of these cases at the moment. The trend is the judges still follow case law and the will be an over riding factor so I am safe. He also said recently he seem a case that the father would not move out the property and this look bad on his behalf rather then doing what's in the best interests of the children serving his own selfish needs thanks everyone for your advice on this matter You may want to start your own thread on this. but I'm afraid that if cafcass are of the opinion that child should stay in uk then you have uphill battle in persuading the court to depart from the report. Do you have Solicitor acting for you? Generally speaking the courts will refuse leave to remove if there is a strong relationship between children and non resident parent. Link to comment Share on other sites More sharing options...
JEM44 Posted October 20, 2015 Share Posted October 20, 2015 Hi allCAFCASS 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 Sadly Cafcass don't always see both sides. Been there and got the T-shirt! My advice would be to insist that Cafcass interview you also, and the children if old enough as they have to present a balanced view. Also if there is evidence of abuse, get copies or incidents reported etc, reports from school / day care etc showing the relationship between them and you and them and father, presumably there is only one with you etc? Just get as much evidence to support you as possible. Good luck, judges will always do what is best for the children, not what's best for you as a parent wanting to emigrate, they also aren't stupid as see parent child relationships all day every day. So far I've been to court with for different judges all the way up to District judges and they've all been great. Link to comment Share on other sites More sharing options...
Aussie22 Posted October 20, 2015 Share Posted October 20, 2015 Hiya leleash thanks for your advice I really appreciate great to hear from someone who has the badge hat and tstshirt I have the police report when he assaulted me and other agencies documenting the abuse. Was your case to do with a relocation ? Did you find the judge seen through cafcass inaccuracies ? Thanks again Link to comment Share on other sites More sharing options...
Racmac Posted October 20, 2015 Share Posted October 20, 2015 Ok I just had a call with the lawyer and he said he had loads of these cases at the moment. The trend is the judges still follow case law and the will be an over riding factor so I am safe. He also said recently he seem a case that the father would not move out the property and this look bad on his behalf rather then doing what's in the best interests of the children serving his own selfish needs thanks everyone for your advice on this matter Sorry to pick your post apart and I'm not trying to be nasty but... youve be had cafcass report for couple weeks yet only just spoke to your lawyer. I would expect them to speak to you on receipt of report. your lawyer has loads of these cases?? Really, I find that really hard to believe, they are not that common. yes judges follow case law but they also follow cafcass reports, there is a recent case called re F 2015 that looks at all the considerations. case law is changing, judges are moving away from allowing children with strong relationships with nrps to leave. there is a difference between a father moving out of the property and allowing you to relocate. if your lawyer has told you that you are safe then I would be worried. There are no guarantees. Link to comment Share on other sites More sharing options...
Aussie22 Posted October 20, 2015 Share Posted October 20, 2015 The Solicotor was awaiting feedback from the barrister on my case who was on holiday hence the delay its just the advice I was given thanks for your thoughts on this Link to comment Share on other sites More sharing options...
CaptainC Posted October 20, 2015 Share Posted October 20, 2015 Hi @Aussie22 Sorry to hear about the issues that you're having. I don't have much to say about your case in particular but I'd just like to advise you not to say too much on this public forum. The other party may read some of the details that you're posting and realise that it's you. It's probably unlikely, but you should be careful nonetheless. Best of luck with everything. Link to comment Share on other sites More sharing options...
Aussie22 Posted October 20, 2015 Share Posted October 20, 2015 Hi @Aussie22 Sorry to hear about the issues that you're having. I don't have much to say about your case in particular but I'd just like to advise you not to say too much on this public forum. The other party may read some of the details that you're posting and realise that it's you. It's probably unlikely, but you should be careful nonetheless. Best of luck with everything. Thanks captian c Your right. I am looking forward to seeing your posts on how your progressing I hope it's all going well but from what I can tell from your most recent post it's the waiting game for also wishing you best of luck Link to comment Share on other sites More sharing options...
JEM44 Posted October 21, 2015 Share Posted October 21, 2015 Hiya leleash thanks for your advice I really appreciate great to hear from someone who has the badge hat and tstshirt I have the police report when he assaulted me and other agencies documenting the abuse. Was your case to do with a relocation ? Did you find the judge seen through cafcass inaccuracies ? Thanks again we have been to court many times. Domestic abuse - Cafcass involved Child contact order - Cafcass involved Failure to maintain contact order - Cafcass involved Order to remove and we will go again in the new year over child maintenance as we fly the end of May 2016, and ex asks every month when he can stop paying for them. Or rather the CSA ask me every month as we have no contact directly. He knows where we are and has my contact details but I have none for him. Link to comment Share on other sites More sharing options...
Major Tom Posted December 26, 2015 Author Share Posted December 26, 2015 Well, we went to court on the 23rd for another Directional Hearing for the removal from Jurisdiction (last court case was Directional for Sole Custody and Change Name), we waited 3hrs because of another two case booked into the same time slot as ours, when our time arrived, we were advise the previous court had not sent the papers across, and the Cafcass report hadn't arrived (although it was 100yrds down the road), now it's been rescheduled to 4th February..................another 6 weeks I can't organise flights, shipping, dogs etc...........frustrating, but we're are very positive, Cafcass report was heavily in our favour. Merry Christmas to all on PIO, and to all you POM's in Australia. Partner visa (subclass 309/subclass 100 lodged 02/04/2015, CO (VF) allocated 06/05/2015. Police ACRO Check completed 24/09/2015, Medical Check completed 01/10/2015, currently completing a C100 removal from jurisdiction for my Stepson, looking to locate to Melbourne Berwick area with my family of five in early 2016. Link to comment Share on other sites More sharing options...
CaptainC Posted December 27, 2015 Share Posted December 27, 2015 Well, we went to court on the 23rd for another Directional Hearing for the removal from Jurisdiction (last court case was Directional for Sole Custody and Change Name), we waited 3hrs because of another two case booked into the same time slot as ours, when our time arrived, we were advise the previous court had not sent the papers across, and the Cafcass report hadn't arrived (although it was 100yrds down the road), now it's been rescheduled to 4th February..................another 6 weeks I can't organise flights, shipping, dogs etc...........frustrating, but we're are very positive, Cafcass report was heavily in our favour. Merry Christmas to all on PIO, and to all you POM's in Australia. Sorry to hear that you've been delayed even further. The best things come to those that wait!! Link to comment Share on other sites More sharing options...
Wojtek Posted December 27, 2015 Share Posted December 27, 2015 Just went thru this post. So sorry to hear you have had such an uphill battle. I truly hope that everything will turn out great, and that is what I wish you for the new year. A start to a brand new life down under. Good luck!! Link to comment Share on other sites More sharing options...
Major Tom Posted December 27, 2015 Author Share Posted December 27, 2015 We're confident, we all have citizenship, except me and I've just received PR, so it's a matter of time to get Aussie passport for eldest, Cafcass report put the nail in the coffin, just waiting the final outcome..............hopefully be gone by April 25th. :-) Partner visa (subclass 309/subclass 100 lodged 02/04/2015, CO (VF) allocated 06/05/2015. Police ACRO Check completed 24/09/2015, Medical Check completed 01/10/2015, currently completing a C100 removal from jurisdiction for my Stepson, looking to locate to Melbourne Berwick area with my family of five in early 2016. Link to comment Share on other sites More sharing options...
nollie Posted December 27, 2015 Share Posted December 27, 2015 So sorry mate xx will keep all crossed for you for February Link to comment Share on other sites More sharing options...
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