Racmac Posted February 4, 2016 Share Posted February 4, 2016 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 that's excellent news, glad to be of assistance. Link to comment Share on other sites More sharing options...
Major Tom Posted February 4, 2016 Author Share Posted February 4, 2016 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 !! We submitted C100 on October 14th, and with the Christmas period, it's been about 4 months, but could have been a few weeks earlier because of a court error with lost paperwork. Cheers MT Link to comment Share on other sites More sharing options...
Rossmoyne Posted February 5, 2016 Share Posted February 5, 2016 Brilliant news MT... I bet you and the family can't wipe the smile off your faces!! Link to comment Share on other sites More sharing options...
jodipodi Posted February 23, 2016 Share Posted February 23, 2016 I hope I do not offend by jumping on this thread....it has been very interesting to see the process. I'm hoping to gain advice actually.... I may need to do this C100 myself as it Happens now, as it looks like we are going to get our visas sooner rather than later. My situation is very different however as my child has a lovely relationship with her father and regular contact. However she is 15 and does want to emigrate. I'd be interested in @Racmac experience of situations like this? Would you think it would be unsuccessful because of their relationship?... Or will her wishes and feelings have most impact with her age? Thank you xx Link to comment Share on other sites More sharing options...
Racmac Posted February 23, 2016 Share Posted February 23, 2016 I hope I do not offend by jumping on this thread....it has been very interesting to see the process.I'm hoping to gain advice actually.... I may need to do this C100 myself as it Happens now, as it looks like we are going to get our visas sooner rather than later. My situation is very different however as my child has a lovely relationship with her father and regular contact. However she is 15 and does want to emigrate. I'd be interested in @Racmac experience of situations like this? Would you think it would be unsuccessful because of their relationship?... Or will her wishes and feelings have most impact with her age? Thank you xx The wishes and feelings of a 15 year old are very persuasive and will have a lot of sway in the Court proceedings. They will not be the only thing that matters but it is highly likely you would be given permission to go but not guaranteed. I suggest that you have long discussions with her about how she will keep in touch with dad ie Skype contact - how often as a minimum, direct contact - how often? who will pay etc The thing is with a child of that age it wouldn't be that much of a wait until she is old enough not to be subject to children act proceedings anyway! Link to comment Share on other sites More sharing options...
jodipodi Posted February 23, 2016 Share Posted February 23, 2016 The wishes and feelings of a 15 year old are very persuasive and will have a lot of sway in the Court proceedings. They will not be the only thing that matters but it is highly likely you would be given permission to go but not guaranteed. I suggest that you have long discussions with her about how she will keep in touch with dad ie Skype contact - how often as a minimum, direct contact - how often? who will pay etc The thing is with a child of that age it wouldn't be that much of a wait until she is old enough not to be subject to children act proceedings anyway! When you say this could you elaborate a little more for me please so I get a full understanding of how the court might view this kind of thing. Thanks for taking the time to reply Racmac, I appreciate that. We had a months reccie back in 2012 and she spoke to her dad almost every day on Skype, she could speak to him whenever she wishes it makes no difference to me, they love each other and thats that. As a 15 year old would you be expected to still present a file? What if you are currently not ready to migrate and wish to take the time to plan more? (but need to get the visas?!)Are we to put together a 'hypothetical' plan? Thanks again xx Link to comment Share on other sites More sharing options...
Quinkla Posted February 24, 2016 Share Posted February 24, 2016 My situation is very different however as my child has a lovely relationship with her father and regular contact. So why on Earth would you consider bringing that relationship to an end? I know you say there's Skype, but it is not the same as real contact and you can't sustain a relationship on Skype for any real length of time. You must be realistic enough to know that emigration would result in the end of your daughter's relationship with her father. Link to comment Share on other sites More sharing options...
jodipodi Posted February 24, 2016 Share Posted February 24, 2016 For goodness sake here we go.....she's almost 16, if she wants to go she can bloody well go, she's of sound and mature enough mind now to express her wishes....we get one life Quinkla. The world is a huge place to explore. If she wants to goback and see him she can, and he can come over to see her. There'll be provisions made for that. Her dad was considering working away himself a few years ago. This is not a 'snatching child' to cut off dad situation. She's not a baby. My goodness, she could bugger off to timbuctoo next year with a stick and a handkerchief over her shoulder and there'd be bugger all either of us could do about that?? You know nothing of my family set up....and when I say family I include my daughters father as he is part of it. I do however appreciate your views on things like this, but this situation is not black nor white....there does come a time when young adolescents become their own people and have voices too. That's all I'll contribute to my response as I have already taken this thread off course by asking for advice. My apologies to the OP. Xx Link to comment Share on other sites More sharing options...
Rossmoyne Posted February 24, 2016 Share Posted February 24, 2016 So why on Earth would you consider bringing that relationship to an end? I know you say there's Skype, but it is not the same as real contact and you can't sustain a relationship on Skype for any real length of time. You must be realistic enough to know that emigration would result in the end of your daughter's relationship with her father. Quinkla whilst I usually agree with your sage advice and comments, I do disagree with you there. In my situation, my children were 5 and 8 when we emigrated to Australia without their father, and their relationship with him is very close and loving and they see each other often. Bear in mind that we emigrated in 1991 before the advent of the internet and skype, but they spoke to him weekly on the phone and wrote to him every Sunday with news of their weekly doings in a diary/scrapbook way. He did likewise for them. Whilst they were young he came out to Australia every 12 months for 4 - 6 weeks and lived with us so they had quality time together. As they grew into their teens, they went back to England often to spend time with him also. My children are now 32 and soon to be 30 and their relationship with their father couldn't be any stronger and loving; they see each other at least once a year for an extended time in both England or Australia; they email, text, skype on an almost daily basis and he has always been a part of any decisions about their lives from schooling, sport, hobbies, careers, holidays, and discipline during the heady teenage years. Their father has been present and involved in all their major milestones from big birthdays to weddings, and in fact I have just sent an email to him confirming that I will pick him up at Perth airport in 7 weeks time when he comes to share the 30th birthday celebrations of our youngest. Jodipodi's daughter is now 15 years and well able to keep the contact going with her father. Who knows, after a few years she might decide to move back and live in UK to be nearer her father. Both of mine have done this in their 20's, but both decided Australia was ultimately where they wanted to live, and as they have dual citizenship that worked for them. Sorry to disagree Quinkla, but I think you are being a bit harsh as it is possible to keep the relationship going.... after all most of us do so with our family and friends who live on the other side of the world, so why should a father-daughter relationship be any different? Link to comment Share on other sites More sharing options...
Rossmoyne Posted February 24, 2016 Share Posted February 24, 2016 For goodness sake here we go.....she's almost 16, if she wants to go she can bloody well go, she's of sound and mature enough mind now to express her wishes....we get one life Quinkla. The world is a huge place to explore. If she wants to goback and see him she can, and he can come over to see her. There'll be provisions made for that. Her dad was considering working away himself a few years ago. This is not a 'snatching child' to cut off dad situation. She's not a baby. My goodness, she could bugger off to timbuctoo next year with a stick and a handkerchief over her shoulder and there'd be bugger all either of us could do about that?? You know nothing of my family set up....and when I say family I include my daughters father as he is part of it. I do however appreciate your views on things like this, but this situation is not black nor white....there does come a time when young adolescents become their own people and have voices too. That's all I'll contribute to my response as I have already taken this thread off course by asking for advice. My apologies to the OP. Xx @jodipodi absolutely no reason to apologise.... and you are right, we know nothing of your family situation....yours sounds similar to mine though so I understand your comments. But going back to your question about preparing a file for the C100, you might not have to, but I actually think it would be a good idea as it would show that you have thought deeply about the situation. Perhaps include in the file a statement from your daughter about how she will keep in contact with her father and her thoughts on the whole idea of moving to Australia and how she wants her education to pan out.... just a thought. Rossy Link to comment Share on other sites More sharing options...
jodipodi Posted February 24, 2016 Share Posted February 24, 2016 @jodipodi absolutely no reason to apologise.... and you are right, we know nothing of your family situation....yours sounds similar to mine though so I understand your comments. But going back to your question about preparing a file for the C100, you might not have to, but I actually think it would be a good idea as it would show that you have thought deeply about the situation. Perhaps include in the file a statement from your daughter about how she will keep in contact with her father and her thoughts on the whole idea of moving to Australia and how she wants her education to pan out.... just a thought. Rossy Thanks Rossy, yes I expect it will be a good idea. I am going to have a chat with her anyway about what she thinks for her future but she changes her mind about that between childcare and working with animals and art frequently... But I expect her to end up doing something similar to myself creative wise, or with animals. She's bored of her child development lessons already. I'd hope we could buy somewhere that has a spare room for her dad's family to come over, we get on well so it wouldn't be an issue...not on my part anyway xx Link to comment Share on other sites More sharing options...
Major Tom Posted February 24, 2016 Author Share Posted February 24, 2016 I'm not sure, but if the Father agrees, surely there is no C100 to complete, don't they just sign some paperwork to agree and allow removal? Link to comment Share on other sites More sharing options...
jodipodi Posted February 24, 2016 Share Posted February 24, 2016 I'm not sure, but if the Father agrees, surely there is no C100 to complete, don't they just sign some paperwork to agree and allow removal? Oh yes a lot less...but I doubt he will agree. He may surprise me though so we'll see x Link to comment Share on other sites More sharing options...
Major Tom Posted February 24, 2016 Author Share Posted February 24, 2016 Oh yes a lot less...but I doubt he will agree.He may surprise me though so we'll see x Good luck, I've been through the maze and out the other side, but if there is anything I can help with, feel free to message me. Cheers MT Link to comment Share on other sites More sharing options...
jodipodi Posted February 24, 2016 Share Posted February 24, 2016 Good luck, I've been through the maze and out the other side, but if there is anything I can help with, feel free to message me. Cheers MT That's very kind of you MT....I really appreciate that. I'll need help on clarifying the level of detail required in these files...if you are able to help with that in any way that'd be a huge help. Thanks so much x Link to comment Share on other sites More sharing options...
Chickbock Posted February 24, 2016 Share Posted February 24, 2016 That's very kind of you MT....I really appreciate that.I'll need help on clarifying the level of detail required in these files...if you are able to help with that in any way that'd be a huge help. Thanks so much x Hiya Jodipodi, I would really really appreciate if you kept things updated as there is a possibility I may be in the same boat as you. (I replied to the thread also so I can get email updates for when posters post... I am unsure if the is a subscribe to post button) Link to comment Share on other sites More sharing options...
jodipodi Posted February 24, 2016 Share Posted February 24, 2016 Hiya Jodipodi, I would really really appreciate if you kept things updated as there is a possibility I may be in the same boat as you. (I replied to the thread also so I can get email updates for when posters post... I am unsure if the is a subscribe to post button) Certainly will xxx Link to comment Share on other sites More sharing options...
Racmac Posted February 24, 2016 Share Posted February 24, 2016 Sorry its taken me while to come back I'm really busy. You will still need the same information as for a younger child - it must be shown as a well thought out plan and not a whim. When you come to prepare your statement later in the proceedings and I would suggest you start this ASAP. It may speed up process if you have it ready at next court hearing and certainly helpful for cafcass to have all info ready. You need to deal with History Why you making application And then address the following (also Google welfare checklist) Education Accommodation Healthcare Religion Hobbies Friends Support - friendship and family Support financially. So for example you may say that in the short term we are going to rent a 4 bed room property and these rent at $400 per week. I earn $300000 a year so rental will be covered by salary etc. Exhibit to statement ( so in body of statement you write I exhibit here at aa01 a copy of some particulars of properties that are in the area that would be suitable - then you put these at the back of your statement as a separate piece of paper) In the medium term we will find a property to rent for $450 per week and the long term plan is to buy a house at $400,000 and I can afford this because I will have $3900000 in cash following sale of UK house. Exhibited here at aa02 is the type of houses I would like to buy in the kind of areas etc etc And importantly deal with contact for dad - how are you going to deal with this? Proposing direct contact, Indirect? Skype telephone ? The more thorough your statement the better - don't worry if it goes into 20 plus pages - that's fine the court will have seen longer. Space it out and number your paragraphs. Keep it logical and easy to read. The most important thing is to remember "what is in child's best interests". Everything you say and do must be focussed on that. Link to comment Share on other sites More sharing options...
jodipodi Posted February 24, 2016 Share Posted February 24, 2016 Thank you Racmac, I appreciate your input. So, if you are not in a position where you have a house to sell, job lined up etc etc....then am I at a disadvantage if I am not as financially well off as some?! Australia would offer my husband better salaries etc but we certainly don't have a job to go to already, is that going to be a stumbling block? When you say history... What do you mean? Link to comment Share on other sites More sharing options...
Racmac Posted February 24, 2016 Share Posted February 24, 2016 Thank you Racmac, I appreciate your input.So, if you are not in a position where you have a house to sell, job lined up etc etc....then am I at a disadvantage if I am not as financially well off as some?! Australia would offer my husband better salaries etc but we certainly don't have a job to go to already, is that going to be a stumbling block? When you say history... What do you mean? I provided the list to show you what kinds of things you need to cover. Re husbands job - do your research, contact recruitments agencies and ask them to confirm by email the job availability and salaries etc - print off job adverts that are relevant. I did an application for someone once and she was on benefits and was given permission to go. History - for example. I married the Respondent in 1999 and we split up in 2001, our daughter was born in 2002. Since separation he has maintained contact with her every other weekend and taken her on holiday regularly. Definitely put in your statement about the good relationship you have with him, the skype contact you had when on holiday, the fact you would facilitate contact whenever you could etc Link to comment Share on other sites More sharing options...
jodipodi Posted February 24, 2016 Share Posted February 24, 2016 I provided the list to show you what kinds of things you need to cover. Re husbands job - do your research, contact recruitments agencies and ask them to confirm by email the job availability and salaries etc - print off job adverts that are relevant. I did an application for someone once and she was on benefits and was given permission to go. History - for example. I married the Respondent in 1999 and we split up in 2001, our daughter was born in 2002. Since separation he has maintained contact with her every other weekend and taken her on holiday regularly. Definitely put in your statement about the good relationship you have with him, the skype contact you had when on holiday, the fact you would facilitate contact whenever you could etc Thank you so very much Racmac. Yes we do have a good relationship... All sides of our family do. It wasn't always this way but has been great for many years now. Can I ask where you are based? Link to comment Share on other sites More sharing options...
Racmac Posted February 24, 2016 Share Posted February 24, 2016 Thank you so very much Racmac. Yes we do have a good relationship... All sides of our family do. It wasn't always this way but has been great for many years now. Can I ask where you are based? West Midlands Link to comment Share on other sites More sharing options...
jodipodi Posted February 24, 2016 Share Posted February 24, 2016 West Midlands Stamps foot.**:sad: Link to comment Share on other sites More sharing options...
Rossmoyne Posted February 25, 2016 Share Posted February 25, 2016 @jodipodi... @Racmac gave brilliant advice on the paperwork to submit and it was more or less what I was going to say about the papers I lodged too. My situation was slightly different in that I was the last one of my family out of Australia and my ex was an orphan, so there was no family issues on his side. My Mother even flew to UK to give evidence on my behalf at the hearing. My Solicitor advised that the court would be looking more at the ways the children would be kept in contact with their father, and I expanded on that as much as possible, with examples of the letters etc they had written him since the family breakup, a diary of phone calls and visits etc, as well as how that would continue from Australia. If you have friends or family in Australia, letters/Stat Decs from them saying they will support you with accommodation, finding work etc, is also a good idea. The document I submitted was in excess of 50 pages with lots of supporting indices and information, so do not be afraid to go over the top in your preparation. Of course the final tick for you would be if the father gave his approval, so you do need to talk to him soon about your intentions. My situation was 25 years ago now so I am sure that the process and laws about this must have changed in that time, but never be afraid of being over the top and too prepared. Rossy Link to comment Share on other sites More sharing options...
Chickbock Posted February 25, 2016 Share Posted February 25, 2016 West Midlands Good to know! I'm in Solihull Link to comment Share on other sites More sharing options...
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