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HELP:- What to do if 'Ex' won't allow 14yr old to move to Oz?


Major Tom

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Thanks all, I think I might book flights and shipping and take a risk..............what do you think?

 

 

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.

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Thanks all, I think I might book flights and shipping and take a risk..............what do you think?

 

Can you book the flight for the minor in question as its not a holiday its one way? and there may be an issue with this if it comes to light, I don't know, just throwing it out there.

 

How far in advance are you talking? I think its a bit off to book for the child in question when the case isn't fully resolved one way or the other, but thats a personal view.

 

I'd get insurance or pay the fee so you can amend travel dates if need be should you decide to book now.

 

Shipping you can book a month or so in advance so its not such a biggie.

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Thanks all, I think I might book flights and shipping and take a risk..............what do you think?

 

 

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.

 

I always think I am going to tempt fate if I set wheels in motion before all the boxes are ticked..... but that is me!

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I wouldn't book the flights yet if I were you. Family Courts are notoriously slow to deal with things, are a rule unto themselves and judges can make their own decisions without having to answer to anyone else! If a judge heard that you'd booked tickets in advance because you felt that you were on a 'dead cert' to win this case then they could decide to refuse to allow the removal just to prove a point! Appealing that decision would cost thousands (and another year at least). Things are looking good for you, just wait it out that bit longer. Fingers crossed for you it won't drag on too much more...

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What's the procedure if it goes our way (which I am 85% sure it will), there is an appeals procedure, if that proceeds in that direction by the Ex, does that still prevent us from booking flights etc, what's everyone's experiences?

 

 

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.

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What's the procedure if it goes our way (which I am 85% sure it will), there is an appeals procedure, if that proceeds in that direction by the Ex, does that still prevent us from booking flights etc, what's everyone's experiences?

 

 

Unlikely that there can be a case for appeal from what I know about your case and also reading past cases such as Payne V Payne and K (Children) [2011] EWCA Civ 793

 

Just go ahead and apply for the passport and off you go.

 

(Just one more thing, the timeline that appears in all of your posts, please can you turn it off and just have it in your signature. Thanks)

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(Just one more thing, the timeline that appears in all of your posts, please can you turn it off and just have it in your signature. Thanks)

 

Not sure how to do it @CaptainC, I am replying on TapTalk, perhaps it's doubled up on there, will look into it. Thanks for your help :-)

 

 

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.

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Not sure how to do it @CaptainC, I am replying on TapTalk, perhaps it's doubled up on there, will look into it. Thanks for your help :-)

 

 

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.

 

Thought it might have been Tapatalk, I also use that.

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Hi, nothing ever works quick in the legal system!

 

yes if his dad doesn't like the decision he can appeal. I'd probably say that given the cafcass report the decision will go your way but I think I'd be loathe to book tickets unless they are transferable? Just in case there are further delays although unlikely but you just never no.

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We did just busy not replied to your email. Keep me updated, fingers crossed for next hearing

 

That's ok, I sent it so you could see update. We have to prepare another information pack/statement for this new Judge, plus we are going to reply to the very late submitted counter statement, so we have completed what was asked of us by previous Judge...........I am confident of us winning, especially as Cafcass report was so heavily in our favour.

 

Cheers MT

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That's ok, I sent it so you could see update. We have to prepare another information pack/statement for this new Judge, plus we are going to reply to the very late submitted counter statement, so we have completed what was asked of us by previous Judge...........I am confident of us winning, especially as Cafcass report was so heavily in our favour.

 

Cheers MT

 

Happy to look over anything if you want me to.

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Hi, nothing ever works quick in the legal system!

 

yes if his dad doesn't like the decision he can appeal. I'd probably say that given the cafcass report the decision will go your way but I think I'd be loathe to book tickets unless they are transferable? Just in case there are further delays although unlikely but you just never no.

 

I agree with that comment Major Tom. I would also be worried that if there was an appeal and you had booked tickets, that it wouldn't look good for you... almost as if you were snubbing your nose at the appeal process. When I went through this in 1990, it took 8 months to get through the legal process before that magic bit of paper hit my hand. 8 very long and stressful months, so I know how you are feeling. I was advised by my solicitor to just sit tight until all the formalities were complete and final in my favour before I even lodged the visa application, let alone put the house on the market or booked flights. I know how hard it is, but sometimes you just have to play the game patiently to make sure you achieve the outcome you want. Keep us up to date eh?

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  • 5 weeks later...

Hi all,

Just wanted to advise, we were successful in our C100 Removal from Jurisdiction today, it was granted along with change of name and sole custody..............the last piece of our Australian jigsaw.

 

The information supplied by the people of the site has been invaluable, special thank you to @CaptainC and @Racmac

 

Thank you all for the kind messages, I'm off to have a Cider and two!!

 

Cheers MT Xx

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Hi all,

Just wanted to advise, we were successful in our C100 Removal from Jurisdiction today, it was granted along with change of name and sole custody..............the last piece of our Australian jigsaw.

 

The information supplied by the people of the site has been invaluable, special thank you to @CaptainC and @Racmac

 

Thank you all for the kind messages, I'm off to have a Cider and two!!

 

Cheers MT Xx

Congratulations to you and your family . Good luck for your move, I wish you every success and hope you'll all be as happy as we are here in Australa

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Hi all,

Just wanted to advise, we were successful in our C100 Removal from Jurisdiction today, it was granted along with change of name and sole custody..............the last piece of our Australian jigsaw.

 

The information supplied by the people of the site has been invaluable, special thank you to @CaptainC and @Racmac

 

Thank you all for the kind messages, I'm off to have a Cider and two!!

 

Cheers MT Xx

 

Congratulations!! May I ask how long the process took altogether... It may help others in similar situations as with visas timing is everything.

Hope it all works out with the move....I'm sure everyone feels relieved !!

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Hi all,

Just wanted to advise, we were successful in our C100 Removal from Jurisdiction today, it was granted along with change of name and sole custody..............the last piece of our Australian jigsaw.

 

The information supplied by the people of the site has been invaluable, special thank you to @CaptainC and @Racmac

 

Thank you all for the kind messages, I'm off to have a Cider and two!!

 

Cheers MT Xx

 

Brilliant news, well done.

Enjoy that cider!

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