k8bug79 Posted September 16, 2009 Share Posted September 16, 2009 Hi, my eldest daughter is from my previous marriage. Obviously I am hoping that my ex will sign a statutory declaration and it will be easy for us to get to Oz, but i am almost sure that nothing could be that simple and we will end up going through the courts. Firstly does it get seen by County court or magistrate court? I am going to speak to a solicitor on Wed about it all but my neighbour and landlord is a magistate so I was hoping ,if it was a magistrate, she may be able to give me the judges perspective as well as me being armed with the solicitors can do perspective. Also how long has it taken you to do it, I read on here the other day that someone had a 22 month battle, is that normal or is that particuarly long? Also what was the cost? I again read to expect about £5000, yet when I said this to the agent she said that sounded a lot and most clients had been pleasantly surprised at how little it cost. I read somewhere else about £1500 which seems better but I don't want to bank on it. I am thinking of writing a letter in the new year, when hopefully my husbands citizenship will have been done, and state why we want to move all the advantages and ask him to sign a declaration. However I know even if he is willing to take this option he won't get off his bum and do it, if it goes to court and we win does he have to pay the court costs? As that may be an incentive for getting him off his bum (obviously we would pay the declaration fees) and would he also have to come to a court local to us? As he is currently in Scotland and we are in Cornwall, so again another point to make to him about additional costs. What are the odds of the court ruling in our favour. I am fairly confident as my ex is a recovered alcoholic who has convictions of drunk in charge of a minor, he sees his daughter once a year if she is lucky and calls her sproadically. He does pay maintenace but it quite reguarly doesn't show up in my account (about 8 times now in 3 years) and we have worked out all the finances and are better off in Oz by a long way. Over here we are living hand to mouth with no way of improving our circumstances short of us getting a payrise 3 times the amount my husband is currently on and in Oz his trade is recognised over here its minimum wage practically so no real chance of a payrise of that calibre happening. It would mean we could send our daughter to private school, and buy a house so our lifestyles will be greatly improved. So I am confident but am I right to be so? Thanks for your help Link to comment Share on other sites More sharing options...
Guest mrsmynoraxis Posted September 16, 2009 Share Posted September 16, 2009 HI.. i won a battle to remove my son from the jurisdiction last year. It took about 18 months in magistrate court. I had to do this as his father also refused to allow me to bring my son here to Oz. A lot of cafcass meetings and court dates were held. the main thing they are interested in is yojur child and also how you will maintain contact with her father. My ex hardly seen my son in 3 years but i still had to show that i would maintain contact from here in oz. I also had to put together a huge case file with all the details of where you will be moving to including things like schools, hospitals, surroundings, churches ( im not even religious lol) parks, local attractions etc. he would have to come to the court where the child lives so yes he would have to come to you for the court dates. If you earn under a certain amount you will both be entitled to legal aid and yes he will have to pay court costs if he is refusing to let you take her . To be honest the achololic past and convictions etc wont really play a part in the application. My ex also paid maintenance and i agreed in cojurt for him to keep it and save it to come see his son and also i will be making the trip bacl to uk every other yr too. Most of the time it goes in the favour of whoever the child lives with but not always.. In my opinion you seem to have a pretty good case. oh and also i dont know if u have visdited oz yet but i was made to visit by cafcass and court before a decision was made. Hope this is of some help Link to comment Share on other sites More sharing options...
k8bug79 Posted September 16, 2009 Author Share Posted September 16, 2009 Ah fantastic thats some great information you have given there. Firstly I am glad its a magistrate as I can pick my neighbours brain on what they will be looking for, I presume she wouldn't be allowed to preside due to conflict of interest. Plus I think we qualify for legal aid. I was told you probably couldn't get it on a case like this so that is great news. Not so great on the having to visit, but then I guess if we have saved on court fees we can do a visit lol. Although I am hoping that the fact my husband will be an Australian citizen may help (??????) Even better that he will have to pay court fees and come here, because hopefully then to save everyone money we can come to some arrangement between us easier Finger crossed hey Thank you so much for taking the time to reply xx:notworthy: Link to comment Share on other sites More sharing options...
tracy123 Posted September 16, 2009 Share Posted September 16, 2009 It may have been my post that you read. Best thing to do is have a detailed plan of contact, also where you plan on living schools etc, we have put in our plan that we will pay for a computer with camera so they can have face to face contact as well as skype phones so calls to and from the UK are free that way there will be very little cost to maintain contact we will also pay for the airfare so Jake can see his Dad. We are in contact with a school that Jake will be going to I have job offers and a house ready for when we arrive. You need to prove that this is a well thought out plan and your not doing it to be spitful best of luck Geoffrey Link to comment Share on other sites More sharing options...
Guest mrsmynoraxis Posted September 16, 2009 Share Posted September 16, 2009 My husband is Australian too but he didn't really get taken into consideration during my case other than we will be living with him. It was mainly between my sons father and my son. Link to comment Share on other sites More sharing options...
k8bug79 Posted September 16, 2009 Author Share Posted September 16, 2009 My husband is Australian too but he didn't really get taken into consideration during my case other than we will be living with him. It was mainly between my sons father and my son. Darn, was hoping it would. Never mind. thanks again Link to comment Share on other sites More sharing options...
Guest Musicshel Posted December 22, 2009 Share Posted December 22, 2009 Hi I am about to enter into a court Saga to arrange for my 15 yera old son to emigrate with me, I understand all the critera that I need to address such a proof of better life, jobs and living statndard, however how can you be so precise when you are just applying for a visa and therefore can not confirm exactly which area you will eventually move to or which school he may attend as this depends on where you reside and also a good school could also be a factor where you move to. Yet at this stage I feel it is too early. Do you think that if you can see that there are plenty of schools to support my son and his "wishes" to emigrate would be adequate? Thanks M Link to comment Share on other sites More sharing options...
tracy123 Posted December 22, 2009 Share Posted December 22, 2009 Hi I am about to enter into a court Saga to arrange for my 15 yera old son to emigrate with me, I understand all the critera that I need to address such a proof of better life, jobs and living statndard, however how can you be so precise when you are just applying for a visa and therefore can not confirm exactly which area you will eventually move to or which school he may attend as this depends on where you reside and also a good school could also be a factor where you move to. Yet at this stage I feel it is too early. Do you think that if you can see that there are plenty of schools to support my son and his "wishes" to emigrate would be adequate? Thanks M What you need to do is prove you have put alot of thought into this, pick a few states/areas show (through internet) what you could buy/rent in that area, schools, jobs etc compare like for like (UK vs Australia) costs etc. Your plan where would you stay while you are obtaining employment housing They don't expect you to have a house, job school sorted now but they want to see your thoughts on paper Link to comment Share on other sites More sharing options...
ali Posted December 22, 2009 Share Posted December 22, 2009 I have a friend who had a similar dilema although in the end it didn't go through court - they were preparing to do so. The contact with the childs absent parent was particularly important. My friend had to highlight just how contact would be maintained, and like Geoff - part of the proposed plan was that there would be no maintanance payments (so that the absent parent could visit), and that the child would be taken back to the UK at set times for visits (funded by the parent(s) in Aus) Link to comment Share on other sites More sharing options...
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