newtoallofthis Posted February 11, 2016 Share Posted February 11, 2016 Hi there, not looking for any moral judgements on the issue, just would like some help from anyone who has been through this before, or anyone with any info on the subject.... Thank you Quote Link to comment Share on other sites More sharing options...
jodipodi Posted February 11, 2016 Share Posted February 11, 2016 Hi there, not looking for any moral judgements on the issue, just would like some help from anyone who has been through this before, or anyone with any info on the subject.... Thank you Hiya! No moral judgements from me.....so if you give some more information I'm sure people will be able to help a bit more...where are you at the moment -country of residence?.... How old, what is the situation etc etc....there's different 'rules' if you like for different circumstances.... Or do you already know all if this maybe and are already starting leave to remove etc and just want that specific part of the process? X Xxx Quote Link to comment Share on other sites More sharing options...
newtoallofthis Posted February 11, 2016 Author Share Posted February 11, 2016 (edited) Thank you Just wanted to know about the way it works in court really, my kids bio father has not seen them for 12 months he has recently been in contact again but still not seen them. I have started putting together info on schools/finances etc wondered if anyone could help with this too, its almost like a portfolio. *Edited to add- my partner is aussie so will be going on a de facto, we live in the UK at the mo and will be applying from here* Edited February 11, 2016 by newtoallofthis Quote Link to comment Share on other sites More sharing options...
Racmac Posted February 11, 2016 Share Posted February 11, 2016 Hi You will need to attend mediation session and then issue Court proceedings. Google "welfare checklist" this is the things that the Court must consider in any child application. Then google Payne v Payne for further info although be aware that this is no longer the leading case but gives you some handy information. You need to provide the court with evidence of schooling, medical care, housing, all the usual things you would expect. Do the children want to go? How old are they? What contact are you going to put in place when you are there? Quote Link to comment Share on other sites More sharing options...
jodipodi Posted February 11, 2016 Share Posted February 11, 2016 Thank you Just wanted to know about the way it works in court really, my kids bio father has not seen them for 12 months he has recently been in contact again but still not seen them. I have started putting together info on schools/finances etc wondered if anyone could help with this too, its almost like a portfolio. *Edited to add- my partner is aussie so will be going on a de facto, we live in the UK at the mo and will be applying from here* When contact is lacking it's typically frowned upon by courts and tends to go more in favour of the migrating parent but obviously in the best interests of the child is their focus... At that age kids are starting to begin to get a bit more independent thinkers so if your child wants to go that also will have a good deal of weight. Basically you sound like you pretty much know the things that are required. Lack of contact /unwillingness by other parent to actually BE a proper parent.... Is never a plus point on their part... I'm sure most people, if not everyone... Including a court....will take that stance, as long as it hasn't been due to being stopped from contact in any way. If you search 'permission to take child' 'leave to remove ' etc and form 1229 (I think) you should come up with some related threads.... Hope this helps, even if just to make you feel less 'worried' maybe.... All the best of luck xxxxx Quote Link to comment Share on other sites More sharing options...
newtoallofthis Posted February 11, 2016 Author Share Posted February 11, 2016 Thank you yes the kids are thrilled at the idea, they have been before and loved it! Quote Link to comment Share on other sites More sharing options...
northshorepom Posted February 11, 2016 Share Posted February 11, 2016 You only tend to get the moral judgements when the non-custodial parent has regular contact and is being a "good" parent. So you should be OK Quote Link to comment Share on other sites More sharing options...
jodipodi Posted February 11, 2016 Share Posted February 11, 2016 I personally have learned that everyone has an opinion and if it's bashing me in any way I take no heed of it now and don't react at all.....advice is brilliant but opinions don't affect your life so never let anyone else's affect you... It's an emotive subject and there will always be those who wish to make their point xxx Quote Link to comment Share on other sites More sharing options...
newtoallofthis Posted February 12, 2016 Author Share Posted February 12, 2016 Thanks all I know everyone has their own opinion on the subject but I just wanted everyone to know that this is a well thought out plan for my family- we are not just going on a whim and obviously what's best for the kids is at the forefront of my mind.. All the threads on the subject that I can find seem to be quite old...anyone been through it recently? Quote Link to comment Share on other sites More sharing options...
jodipodi Posted February 12, 2016 Share Posted February 12, 2016 Try searching 'jurisdiction' or 'permission' or 'c100' xx Quote Link to comment Share on other sites More sharing options...
JEM44 Posted February 15, 2016 Share Posted February 15, 2016 Hi there, not looking for any moral judgements on the issue, just would like some help from anyone who has been through this before, or anyone with any info on the subject.... Thank you hi, I have been through this (and more) if you search for my posts you will get an idea. If you send me a PM I will help all I can. Laura x Quote Link to comment Share on other sites More sharing options...
Quinkla Posted February 16, 2016 Share Posted February 16, 2016 You only need to go to court if things are contested. The best outcome would be if the father gave his consent freely without the need for expensive lawyers, time and heartache - and it woulds as though a court case would be a foregone conclusion anyway. Could it be worth approaching him with this as a proposition, and maybe offering constructive suggestions about how he might try to stay in the children's lives once you have emigrated? Quote Link to comment Share on other sites More sharing options...
newtoallofthis Posted February 20, 2016 Author Share Posted February 20, 2016 You only need to go to court if things are contested. The best outcome would be if the father gave his consent freely without the need for expensive lawyers, time and heartache - and it woulds as though a court case would be a foregone conclusion anyway. Could it be worth approaching him with this as a proposition, and maybe offering constructive suggestions about how he might try to stay in the children's lives once you have emigrated? Yes of course in a perfect world he will agree, I have put together a huge amount of information on our proposed move, which includes ways that he can stay in contact. However knowing him as I do i am 100% sure he will say no and thats why i am already preparing for court. Quote Link to comment Share on other sites More sharing options...
geebee8 Posted February 20, 2016 Share Posted February 20, 2016 Hi, we have just had this. I honestly thought we would end up in court. My ex hasnt seen his kids in 3-4 years, got re married and they found out through social media and not by him, he had moved and never told them and does everything he can to avoid paying csa for them. I wrote a letter told him our plans and that the kids are up for it. Mentioned how he could keep in contact if he wanted to even though he hasnt the past few years. I then told him if we hadnt had a response in 2 weeks we were going to set up mediation and if needed court which would cost in a emotions, time and money for us all. I pointed out that considering all of the above issue i think we stood a good chance of winning in court. The kids also wrote letters about why they would like to go. We then gave him some addresses of solicitor/notary offices near him and told him we would pay for a solicitor to witness him signing the form and have his driving licence notarised then all sent to us. Im hoping that will be all we need from him. We then posted making sure we had it signed for as proof of posting and receiving (wanted to cover every possibility ) To my surprise he messaged to say he got the letter that day and would sort out using one of the solicitors we gave him. He booked appointment friday and signed. Its now in the post back to us. So glad we dont need to go down the court route but i have to say its a strange mix of feelings, i feel so upset and angry that someone could sign something like that for their children so easily and quickly. I hope you get it sorted and hopefully will be as easy as it can be. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 20, 2016 Share Posted February 20, 2016 So glad we dont need to go down the court route but i have to say its a strange mix of feelings, i feel so upset and angry that someone could sign something like that for their children so easily and quickly. It must be a very strange thing to experience. I can appreciate the confused feelings and emotions. That their father could sign so quickly without any apparent qualms. At least you all know (you probably did already but this sort of thing can really hit it home) once and for all now and can move on with your lives. Wishing you all the best for you move Quote Link to comment Share on other sites More sharing options...
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