geebee8 Posted January 11, 2016 Share Posted January 11, 2016 Hi, i have a couple of questions. Hoping maybe someone having some experience could comment. 1. Has anyone emigrated with a large family? 2. Can i still get csa from my ex once in Australia? 3. I need to write a letter to my ex asking him if he will agree to letting me and my partner of 8.5yrs to take 4 children 18, 16,14,13yr olds to australia. If he wont allow it we will take it to court. Little background info, ex agreed to us moving to hampshire 5 yrs ago even though he was still apart of kids life. He has now not seen them, phoned or bothered with birthdays and christmas for about 3.5 yrs. He tries everything to get out of paying csa and owes a lot in arrears, when we find his new job it has to be debucted from earnings. He got married recently and kids only found out through social media and other people. All kids want to go to Australia. Im not sure how to write a letter to him though, we will take it to court if he says no but can i say that without it sounding like a threat? Kids want to write him a letter to saying how they want to go, but unsure if this is a good idea or not. Should we give him a date to reply by before heading down court road and if he agrees will he need to have a witness sign also? Thanks Quote Link to comment Share on other sites More sharing options...
Racmac Posted January 11, 2016 Share Posted January 11, 2016 cant help with 1. 2. Yes you can, you will need to make an application to the Courts under Schedule 1ofthe Children Act - a lady very recently has been very successful doing this - have look back through recent threads. 3. Letter to ex- I would write a polite and very formal letter along lines of We are hoping to move and would like your permission, please find letter for you to sign and stamped addressed envelope. Then I would proceed to give him as much detail as possible about where you will be, what the housing, education and medical care will look like. I would also tell him that you are happy to set up an email address to keep him informed of the kids development once every 6 months. Tell him that if he doesn't give consent then you will be contacting mediator with a view to issuing court proceedings and the costs are likely to be £3000 - £5000 each. Give him a deadline to reply and if he doesn't then issue your application. Good luck Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted January 11, 2016 Share Posted January 11, 2016 You won't need permission for the oldest child and likely not the 16 year old, as the Hauge Convention no longer applies when a child reached 16. If you do have to go to court which can take some time you need to make sure the 18 year old is still fully dependent, best way to prove this is keeping them in full time education and keep paper trail of things you pay for. Quote Link to comment Share on other sites More sharing options...
geebee8 Posted January 11, 2016 Author Share Posted January 11, 2016 Thank you for your help. I will have a look through threads later. So will he not need anyone to witness him signing? We havent moved forward with anything else yet as figured we needed to get his permission first especially as it could hold everything up. We have spoken to a few agents and they said we needed permission, one even said for our 18year old, (surprised at how much they differ in advice actually for lots of things) figured it wont hurt getting him to agree to saying all 4 can go even if we dont need it for older ones. Cant hurt. Our 18yr old is in full time education and although has a part time job she would not be able to afford to not be a dependant and we pay for everything including her bus ticket to get her to college and work. Quote Link to comment Share on other sites More sharing options...
Racmac Posted January 11, 2016 Share Posted January 11, 2016 Thank you for your help. I will have a look through threads later. So will he not need anyone to witness him signing? We havent moved forward with anything else yet as figured we needed to get his permission first especially as it could hold everything up. We have spoken to a few agents and they said we needed permission, one even said for our 18year old, (surprised at how much they differ in advice actually for lots of things) figured it wont hurt getting him to agree to saying all 4 can go even if we dont need it for older ones. Cant hurt. Our 18yr old is in full time education and although has a part time job she would not be able to afford to not be a dependant and we pay for everything including her bus ticket to get her to college and work. You wont get a court order for the 18 year old but it wont hurt to ask ex to sign for them anyway. I'm not sure what he needs to sign - maybe ask the migration agent if you have one or ask the visa department what would be acceptable? Quote Link to comment Share on other sites More sharing options...
JEM44 Posted January 11, 2016 Share Posted January 11, 2016 Hi, I recently managed to get a court order for CSA for when we emigrate. Not easy but possible. http://www.pomsinoz.com/forum/news-chat-dilemmas/243352-child-maintenance-approved-woohoo.html?highlight= I posted on 06.01.2016. Quote Link to comment Share on other sites More sharing options...
Rachel Tilley Posted January 11, 2016 Share Posted January 11, 2016 You won't need permission for the oldest child and likely not the 16 year old, as the Hauge Convention no longer applies when a child reached 16. The 1996 Hague Convention came in to force in November 2012 and now applies to children from birth to the age of 18. Be mindful that even if your ex signs something giving you permission to take the children to Australia this will not be legally binding, he could change his mind within 12 months and three of your children could be subject to Hague Convention proceedings. I have supported several women who have left a country under these circumstances, only to find their ex's have filed Hague Convention cases on the basis that a) they didn't really understand what they were signing, b) had been asked to sign it whilst drunk and c) claimed they never signed it at all and the signature was forged! If your ex does agree to sign something then you can get this turned in to a legally recognised document quite easily by going to court and getting a Consent Order. That way, a judge will be happy that your ex does understand what he is signing (will probably insist he has some sort of legal advice first) and then the court will rubber stamp your own agreement to make it become an official court order. Does your ex have Parental Responsibility? If you were not married when the children were born then he won't automatically have Parental Responsibility as this did not come in to effect for unmarried parents until 2003. To commence Hague Convention proceedings a parent has to have Parental Responsibility and be exercising Parental Responsibility at the time of the removal. If he hasn't seen the children or had any contact with them for over three years then he may struggle with that element! It may be worth looking down that route too. If you left for Oz without a consent order the worst case scenario for your family if he did win a HC case is that three of your children would be ordered to return to the UK. I know that with the ages they are then their views should be taken in to account but this is not guaranteed. Madonna's 15 year old son was ordered to return to the US to spend Christmas with her by a UK judge even though he wanted to stay in the UK with is dad! Quote Link to comment Share on other sites More sharing options...
Guest Posted January 11, 2016 Share Posted January 11, 2016 Thank you for your help. I will have a look through threads later. So will he not need anyone to witness him signing? We havent moved forward with anything else yet as figured we needed to get his permission first especially as it could hold everything up. We have spoken to a few agents and they said we needed permission, one even said for our 18year old, (surprised at how much they differ in advice actually for lots of things) figured it wont hurt getting him to agree to saying all 4 can go even if we dont need it for older ones. Cant hurt. Our 18yr old is in full time education and although has a part time job she would not be able to afford to not be a dependant and we pay for everything including her bus ticket to get her to college and work. Re the eldest, good to hear, make sure it remains this way as makes it so much easier for the visa application. Quote Link to comment Share on other sites More sharing options...
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