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Going to court to take children out of the country.


tracy123

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Hi All

 

I’ve written a lot of this so far in previous posts but I figure it’s all relevant, and with new members joining all the time it may help someone out, so bear with me

Back in late September 2009 we went to see a solicitor about taking Tracy’s son with us to Australia, we were going to go it alone but decided against it as was it really worth the risk of doing something wrong and losing the case, also there seems to be very little on the net about this type of thing.

 

When we went to see the solicitor we had (what we thought) was a detailed plan, listing contact arrangements where we planned to live, a school Jake would attend a pretty much step by step plan to our new life in Australia. We did this so we could spend as little as time as possible with the solicitor cutting down costs! We were told that £1500 was close to what it would cost us in total, wrong! (BTW this seemed to be a rough guide that most solicitors quoted)

 

So after our 1st visit the solicitor sent a letter to Tracy’s ex, explaining our plans and giving him 3 weeks to respond (which he didn’t).

 

So our solicitor put in an application to the court. We got our 1st court hearing at the start of December, (3 hours of waiting for a 5 minute hearing) because Tracy's ex see's Jake every 2nd weekend the judge decided we needed a full cafcass report (worst possible out come) We had 3 weeks to get a full report together, then Tracy's ex has 3 weeks to respond to that letter, then cafcass get a month to make interviews and write their report before it goes to a judge and a decision gets handed down, any appeals will be dealt with on the day and one way or another we walk away knowing our fate. Easy yes?

 

 

Cafcass are in a state of bother and have admitted that the case will not even be allocated by then so we will be looking at June or July before we head back to court. (This is why it was our worst case scenario) See link below

 

http://www.pomsinoz.com/forum/chewing-fat/79204-cafcass-meltdown.html

 

Right now the fun bit, every fortnight since the court case we have had a letter off his solicitor detailing a problem he has, he gets legal aid, we don't so it costs us every time. We have had the police at the door wanting to check on Jake because Tracy's ex reported me for rough handling his son. (Nothing happened) It's not just the cost of it but the emotional strain it is causing us, so be warned it can be a stressful time.

So far at this point it has cost just a tad over £1,200 the waiting time at court killed it.... £160 an hour

 

(useful info) Getting your paperwork together.

 

What they are after is proof that you have thought this all through, you will need a detailed plan we have one pretty much from the time we step off the air craft, where we will stay, where we plan to rent, where we plan to buy, what school the kids will go to, what types of jobs we plan on having with proof. Things like going on realestate.com and printing off how many houses are available in that area, going on jobs web sites and printing off what types of jobs are there for you. Finding out how much you will get paid compared to the UK, what you are doing is proving that a life in Australia will be better for you and the child, even things like parks sporting clubs etc, whatever you can find pro OZ helps, also you will need to look at contact, we are providing Tracy's ex with a laptop, camera, Skype phone and paying for a flight home over Christmas (that's when Aust schools have there summer holidays) even a school holidays list up till 2019 so he can make holiday plans to fit in with school holidays.

I think we had nearly 100 pages by the time we had finished.

 

Now the update.

It took a few letters to get any response off Tracy’s ex almost to the point of having to get the court involved?! Tracy’s ex spent most of the letter complaining about wanting to cut down his time spent with Jake (He wants to go to Sunday night drop offs rather than dropping him off Monday morning at school) The other part was trying to discredit me saying I was violent, unpredictable and a bad influence over his son and he has major fears for his sons safety (however if we don’t go to Australia he is happy for the agreement to stay the same!) His other major concern is he will lose contact with his son as he can’t use a computer or a Skype phone, and he couldn’t afford to fly over to Australia even though he would not be required to pay child support (which more than covers the cost of a plane trip!)

 

We think he is trying to go down the route of losing all contact with his son, one of the things the judge looks at when deciding the outcome of the case.

 

Because CAFCASS never wrote a report or asked for an extension, the court day that was meant to be adjourned took place with only our solicitor showing up (great another bill) but because of this CAFCASS got a slap on the wrist and were ordered to get a case officer sorted and report done by the time we go to court (6th of May) a good 2 months before we thought would be the case!

 

We have an appointment to see our solicitor on the 6th of April to find out what happens next; once again we have written a response to Tracy’s ex and E-mailed it to our solicitor! Because of Tracy’s ex's allegations I need to get criminal record checks done in Australia and the UK. Nothing to worry about other than the time it will take to get them.

 

I think we will be looking at nearly £4,000 to get this whole thing sorted and will of taken 8 months. Not bad at £500 a month!!!!.

 

I’ll include the other 2 links I found that also may help you when writing your application.

 

Emigrating with children - Kidzworld.co.za Parenting Articles

 

http://www.trinitychambers.co.uk/han...ut-22-3-06.doc

 

Good luck to everyone going through this or is about to start, be strong!

 

Geoffrey

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Guest sunnyday

Bloody hell, you really don't realise what other members are going through, what an emotional rollercoaster you've all had!!! I know I said on your other thread but I really hope it all works out for you all and that your info helps the other poor buggers in your situation

All the best :hug:

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Guest sunnyday

LOL If we didn't look at things as glass half full .......................................................................we'd go nuts mate:wacko::biggrin:

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Guest The Pom Queen

Geoff

I went through something similar and like you say it is a very emotional and stressful time.

It really get's me when they are on legal aid so can fight the case all the way, whilst we are struggling with the financial side.

It's hard going but hopefully you will get there. It may be worth saying to the ex that you will still be going anyway and if you don't get permission to take your son then the ex will have to care for him (now I know as a mum that Tracey could never leave her son behind but it may be worth calling his bluff, because from the sounds of it he won't want him living there).

I wish you all the luck in the world.

Hugs Kate

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Thanks for sharing that with us Geoff, I wish you the very best of luck with this situation as usual there is always someone making money out of someone else's grief.

 

Our situation is very different, but I would like to share it too so that anyone in our situation doesnt make the same mistake.

 

My Ex Husband the Father of my two eldest children emigrated to Australia in 2005. My eldest daughter at age 15 wanted to go live with him, it broke my heart but I let her go as I thought it was the best thing for her and I had to think of her and not myself.

 

Anyway in 2008 and realised because of my new Husbands job we too could make an application for a PR visa and go and live in Australia ourselves. Anyway we put our application in and our Agent advised us that even though my second daughter Father was already in Australia we would still need a letter giving his permission.

 

I in my infinate wisdom listened to that comment and brushed it to the back of my mind thinking well that wouldnt be a problem why on earth would he not do that for her. BIG BIG mistake that bit of ignorance cost us months and months of waiting for the visa.

 

When it came to time to grant the Case Officer insisted on a Stat Dec from my Ex giving me permission to remove our daughter from the UK and bring her to Australia ( I still do not get this and never will!!) Anyway not only did he not do the stat dec he lied and said he had done it and had sent it straight to Adelaide. This made us wait 4 weeks and in this time the prority processing changed and they stopped processing our visa.

 

I then was due to go to court to get a court order. I thought it would be a straight forward case, my ex hadnt seen our daughter in 5 years and had little or no contact, Birthday and Christmas cards and presents and thats it. I didnt know this but my Ex had emailed the court alledging like you Geoff ( you can see a pattern forming!) that my new Husband was aggressive and violent to my daughter. Like you we had to get extra police checks which took another 6-7 weeks or so.

 

Thankfully on the day of the court case I decided to take my daughter as she was 15 and I wanted the cafcass officer to see her. The Judge and the Cafcass officer were shocked that I had brought her as it was highly unusual. The Cafcass officer took Jamie to a side room and had about an hour interview with her. We then went into the court and the Judge granted our case but stipulated that we had to inform the Ex of our whereabouts when we land in Australia. ( so funny my Ex had alleged he was worried that we would stop them getting access to her, yes because we would really bring her to the same country as him so that we could keep her from him durrr!)

 

Anyway the moral of that story is even if you think the other Ex Partner is going to be reasonable, do not just assume they will be, make sure and prepare yourself for the fact that they might just not be as reasonable as you hope.

 

The very very best of luck for you Geoff and I really hope like ours your Judge sees just how reasonable you are and how much you want to make that new life for your family x:hug:

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Geoff,

 

welldone for putting all that on here, without doubt it will help other members.

 

i know how you and tracey feel, im going through something very similar just now and in all honesty its one of the most stressful things weve ever experienced. For us tho our son is old enough to make up his own mind, so our solicitor has told us and unfortunately i have been the stupid trusting and gullable parent thinking his father was ok with it all and doing the best etc etc but really all the time he was turning my son against me and putting god knows what in his head, our son now has no interest at all in coming to australia or even wanting to live with us now. he believes living with his father is the be all and end all. and the frustrating thing is me and my hubby work full time pay our taxes do all we can, are often skint dont qualify for legal aid yet his father claims every benefit going doesnt work and lives in an awful area, its so frustrating being a parent at times. Now for the first time i understand what people say about if you love someone let them be free and they will always come back,

 

goodluck Geoff and Tracy x

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It amazes me that you spend a long time being married to some one and for one reason or another you split up and it all goes pooey and they do all they can to be nasty and make your life difficult.

 

I walked away from the family home as I wanted to give my son the best and I did not want him living on a council estate. What happened? One year after we broke up, the ex sold the house and moved in with her BF on a council estate! I am not saying that council estates are bad, but this one has a terrible reputation and my son has had two bikes nicked and his car vandalised. He admits that he has not had a good time there.

 

I was a "good" ex husband..got on with my life, paid all the maintenance that I promised her right up until my son was 19. He then went to uni and we had a county court writ come through the door as she wanted us to keep paying her as although he was living away at uni, she and I quote "needs to supply a house for him to come home to every three months". No phone call or letter asking for help just straight to court.

 

Luckily the judge saw sense and I was in court 7 minutes and it was thrown out.

 

The real problem is that I have a crap relationship with my son.The ex would never say anything nice about me and this has rubbed off on him. My wife is a beautiful person inside and beautiful to look at and she is called the blonde bimbo! My son lives 15 miles down the road and despite ringing every Monday night, I only see him twice a year. Only recently when we went to my nan's funeral and my brother reminded him that we are off at the end of the year, that we have started seeing him. In fact we have seen him three times this year which is nice.

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i know how you feel john, we have seen my son twice in nearly ten weeks!! honest to god at first i felt like i had lost a child, its getting easier but still hurts. as a parent you only ever want whats best for your child and to not have them with you or for the relationship to be damaged is absolutely hellish. i have felt totally guilty and wondered if its my fault he wants to live with his dad but i now realise its not my fault, my son isnt as immature as we thought prob because we treated him like he was my baby but his dad is very different and his outlook on life and how he conducts himself is totally different. im very approachable and just dont understand why his dad didnt voice his concerns about oz in the beginning instead of tearing my family apart, but it has happened and unfortunately im the one who has been hurt, my son is happy as larry!

i dont think we could ever have children and not have heartache or sadness at some point

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Guest guest37336

Hi Geoffrey.

 

You sound as if you have got your head screwed on correctly, OK, sometimes I reckon you are a raving looney Aussie, but in the main mate, I reckon your a goodun and deserve some happiness and getting this matter resolved asap, and to everyones satisfaction, good luck mate to you and your loved ones.

 

Whilst my own particular circumstances are slightly different to yours I can in some small measure appreciate what you are going through. I won't go into the grim realities mate but I will say this. I truly hope things work out for you, but if they don't there is always light at the end of the tunnel. I know that is an often over used cliche, but it is true mate.

 

Many years ago I went through a very traumatic time. My children were very young at the time, 5 and 3 respectively. My marriage broke down for several reasons, one that I only recently found out about, if I had known at the time then I reckon things could have been worked out, but hindsight is a wonderful thing mate.

 

Suffice to say I was accused of all manner of things, using violence against my children, etc, etc. All untrue, but these rumours were instigated by an outside influence who had no morality, principles, or indeed a good bone in her body. It got to the point where I suffered a nervous breakdown, went on the booze big time, and even dabbled in drugs, and was indeed 'institutionlised' for a while,:jiggy: not a good time in fact.

 

The last straw was when my solicitor involved sat me down and said to me, and I quote, 'Tony, if you do not walk away from this now you will either end up dead or you will be faced with never seeing your children again', such was the ferocity of the claims against me.

 

Long story short I once again took off for Australia and found myself trying to find a reason to carry on. If it hadn't been for certain people and places in my life at that time I know full well that I wouldn't be here today. Maybe that is why I hold Australia in such high esteem I guess, maybe a weird perspective, but it has helped and indeed helps me to this day.

 

I was at times at the lowest ebb in my life, but I got through it somehow and I KNOW to this day that it has made me a much stronger person, not necessarily a 'better' person, but definitely stronger. Suffice to say mate, I now have my children back in my life thankfully. Yes, I missed a lot of them growing up and all that entails, but I am now with them 24/7 (and my ex wife:eek:) and we are starting to rebuild our once shattered lives.

 

So mate, no matter how bad it gets mate, and I truly hope it doesn't for all involved just remember that you and Tracy plus the children involved WILL all get through it. Might take a while but I am sure you will be OK in the long run.

 

As I said Geoffrey, my circumstances were different to yours, but I have a slight understanding of what you are going through, especially when children are involved. Good luck to you Geoffrey, and thanks for links, just wish at the time I had known of these links, then maybe, just maybe things could have been resolved in a far more positive and polite manner.

 

Cheers Tony

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OK, sometimes I reckon you are a raving looney Aussie

 

I'm really sorry Tony I'll try a lot harder, I'm sorry I dissapointed you. Hopefully your next post will read "OK, I reckon you are a raving looney Aussie" :wink:

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Guest JK2510

Hi,

Very sorry to hear about the hell you have been going through!!

We had to get a stat dec saying i could take the kids out of the country,since oct 2008 ive had no maintenance and hes seen the kids once!!!

Alot of people on here are probably in a similar situationso its good to write about the strains and struggles of life!!

 

Jodie

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Guest Blandie

Dear Geoff & Tracy

 

I have just read your post, this is my first post to but thought I would share my experience with you, after a year of going to court, I finally got consent to remove 2 weeks ago, I was in a simular position to you guys ex not responding etc etc, The Judge pointed out to my ex that in 99% of these cases the custodial parent is granted consent.

 

My ex had not seen the children for nearly 3 years, at initial directions hearing he slapped me with a contact order, in court he stated he could not facilitate staying contact, the children do not remember him and have reacted badly to the whole contact issue, and although I now have consent to remove, I am still going through the courts with regard to contact, my ex can not understand why the children do not want to see him and has asked for a wishings and feelings report to be done via cafcass.

 

Your are spot on with having to have a very detailed plan, I also put in my statement economic profile of the area I want to live and local activities for the children, including local hospital, doctors, dentist, I also emailed the local school with regard to criteria and asked them to send an application pack.

 

What helped is that I have family in Oz and had visited the area that we want to live, I provided photo's of the children at the local swimming pool, parks etc and with our aussie family members.

 

I really do feel for you its a long hard road that is emotional and stressfull but it is all worth it.

 

I have now applied for my skills assessment with Vetassess and will be putting my application in ASAP (if I get a positive assessment), I will be in for a long wait as I am going to apply for a 475 visa family sponsored, lets hope I get a good result and can apply ASAP before any changes happen.

 

Good luck to you both

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Hey guys,

Sorry to hear bout everything going on again, been a while since we have been in touch.

I hope things start looking up for you soon.

We have started the ball rolling and should have our first court hearing within the next 2 months. Solicitor expects caffcass to be involved straight away so will be waiting after that too. she hopes final court hearing should be around oct, thats if all goes to plan.

Gonna be a stressful year for us ey.

Also we've not told you our news yet, we are expecting our 3rd baby, which will be due.... end oct/ beg nov. Wonder if i'll get sympathy vote if my waters break whilst in court, haha. That'll be something to talk about ey.

 

Keep your chin up and stay positive, thats what i keep telling myself anyway, and keep us updated on your progress and i'll do the same.

Catch up soon

koala x:hug:

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Guest tiemekanga

We went to court 2 and a half years ago to get a specific issue order to remove my 3 children, but we lost. Unfortunately for us, our CAFCASS officer's ex had run off to Oz with his girlfriend, so it was a no goer from the beginning. It took 10 months from the first hearing to the final hearing and cost £8,500 for solicitors and a barrister. The judge on the day said that because the children's relationship with their dad was so bad it may never recover if we were allowed to go to Oz.

 

Since court my ex has not seen the 2 eldest children at all and sees the youngest 3 times a month for tea. I have recently asked my ex for his consent again, now the kids are older, as my husband has a job offer.

 

He is choosing to ignore me.. despite loads of emails over the last 2 months asking him to meet with me for a chat to talk about it.

 

I am really loathed to take it back to court,firstly because of the cost but also because of the time it takes and my husbands job offer may end and never be repeated again.

 

Now all 3 kids are in their teens I am tempted to just apply for the visa and tell their dad that is what we have done and if he doesn't give his consent then he will be the proud owner of 3 kids full time, 24/7.

 

IF I do this and the kids do end up having to move in with their dad (may only be a short time) what are the implications for them to then come out to Australia to live with us. How do I get them out there. They are 13., 15 and 16 at the moment.

 

Can anyone help with this?

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Thanks to everyone for the well wishes, and for others in sharing their story. :hug:

 

We went to see the solicitor the other day; she seemed very confident with our case and feels even better after getting Tracy’s ex response (but don’t they all!!!)

 

We were advised that this court date may not be the last, what this court date is about, is what’s in the CAFCASS officers report! If the CAFCASS officer gives us a favourable report it’s pretty much a green light, if it’s a shake of the head well it’s game over, as in 99% of the cases the judge will follow the CAFCASS officers report.

 

Well we know that Tracy’s ex will fight it all the way (as he should) but the bit of good news is, is if we get the favourable report, it will be unlikely for public funding to continue so funding maybe taken away, so he will need to pay for anymore advice and representation or turn up to court and plead his case on his own, knowing he has a very small chance of winning, but if it goes the other way, do we want to throw more money at it only to walk away upset?

 

Anyway.......... we now sit and wait and hope that the CAFCASS officer gets to interview us in enough time to write his report.

 

 

The waiting continues.........

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We went to court 2 and a half years ago to get a specific issue order to remove my 3 children, but we lost. Unfortunately for us, our CAFCASS officer's ex had run off to Oz with his girlfriend, so it was a no goer from the beginning. It took 10 months from the first hearing to the final hearing and cost £8,500 for solicitors and a barrister. The judge on the day said that because the children's relationship with their dad was so bad it may never recover if we were allowed to go to Oz.

 

Since court my ex has not seen the 2 eldest children at all and sees the youngest 3 times a month for tea. I have recently asked my ex for his consent again, now the kids are older, as my husband has a job offer.

 

He is choosing to ignore me.. despite loads of emails over the last 2 months asking him to meet with me for a chat to talk about it.

 

I am really loathed to take it back to court,firstly because of the cost but also because of the time it takes and my husbands job offer may end and never be repeated again.

 

Now all 3 kids are in their teens I am tempted to just apply for the visa and tell their dad that is what we have done and if he doesn't give his consent then he will be the proud owner of 3 kids full time, 24/7.

 

IF I do this and the kids do end up having to move in with their dad (may only be a short time) what are the implications for them to then come out to Australia to live with us. How do I get them out there. They are 13., 15 and 16 at the moment.

 

Can anyone help with this?

 

1st off thanks for sharing your story

 

From what I understand as the children get older their opinion and wants become more import than yours/ex's wishes and wants (sliding scale)

 

- The next thing they look at is the "family unit" if your 2 oldest want to go and their imput is taken into account....... Well whats best for the family? The best thing for the family is keeping everyone together.

- Why are you going? Well you have a job offer so that will go in your favour.

- Also they will look at what type of access you will provide for your children and their Dad to keep in contact.

 

You can go down the route of handing over your children to their Dad but how will they feel, about you leaving them behind, how will you feel getting on that plane without them..... I'm not trying to upset you and you know whats best, we have thought about doing the same as we know after a month Jake will be on that plane heading to Australia but at what cost emotionally?

 

Good luck with everything and please keep us informed if you want to know anything send us a PM.

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Guest SO,DIZZY

I dont know the inns and outs of tracy,s case , but I presume the complications have arisen because there is a level of contact on the part of the ex , seeing his son every second weekend which I personaly think is quite a lot and in the eyes of the court they may also have this opinion.. They have to determine what is in the best interest of the child while protecting the rights of both parents.. I think that were a parent is totaly absent and does not support the child in any way it may be a more straight forward case...

 

It might seem totaly unfair and in a lot of cases it must infuriate a parent to know there ex has so much control over future plans especially when the ex has been derelect as a parent.. but for those ex,s who have kept an acceptable level of contact and care for there children there has to be a safety net...

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Hi all

 

Just to give this thread a bit of perspective, my brother went through a messy break up a couple of years ago. His ex has now hooked up with another fella and they've decided they want to take his daughters to Greece to live.

 

My brother's a good man who loves his daughters, but he's being demonised by his ex to try and strengthen their case.

 

I know Greece isn't the other side of the world, but I've seen what this has done to my brother and I have hever been so worried about his state of mind. However frustrating not being able to live the life you want because of an allegedly unreasonable ex is , seeing your kids a maximum once a year and having them call someone else dad is a far more bitter pill to swallow. No parent in his/her right mind will see once a week on skype as 'regular access'.

 

If my wife ever left me and wanted to take the kids 12,000 miles away I know what I'd be saying, anything it took.

 

I wish you luck and hope the outcome suits all, but these things rarely suit everyone concerned, there will always be losers.:sad:

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Guest JK2510
We went to court 2 and a half years ago to get a specific issue order to remove my 3 children, but we lost. Unfortunately for us, our CAFCASS officer's ex had run off to Oz with his girlfriend, so it was a no goer from the beginning. It took 10 months from the first hearing to the final hearing and cost £8,500 for solicitors and a barrister. The judge on the day said that because the children's relationship with their dad was so bad it may never recover if we were allowed to go to Oz.

 

Since court my ex has not seen the 2 eldest children at all and sees the youngest 3 times a month for tea. I have recently asked my ex for his consent again, now the kids are older, as my husband has a job offer.

 

He is choosing to ignore me.. despite loads of emails over the last 2 months asking him to meet with me for a chat to talk about it.

 

I am really loathed to take it back to court,firstly because of the cost but also because of the time it takes and my husbands job offer may end and never be repeated again.

 

Now all 3 kids are in their teens I am tempted to just apply for the visa and tell their dad that is what we have done and if he doesn't give his consent then he will be the proud owner of 3 kids full time, 24/7.

 

IF I do this and the kids do end up having to move in with their dad (may only be a short time) what are the implications for them to then come out to Australia to live with us. How do I get them out there. They are 13., 15 and 16 at the moment.

 

Can anyone help with this?

Hi,

My advice would be not to leave your children in the UK.

My mum and dad got divorced in 92 and she flew out to oz to be with the man she met,i was 14 at the time and although i was left with my dad(who dyed my undies grey and my brothers pink!) he done a great job but it did affect my life not having a mum.

I was sad,bitter and angry i was never asked to go as for many years my mum and dad did spend many years trying to move to oz but my dad didnt have enough points! My mum had her mum and dad and sisters!

I didnt talk to my mum until 2008,i have now lost 15 years of life without my mum. We met for the 1st time in october last year and talk on a weekly basis but can never replace the time i have lost.

 

So with the thought that we may have to wait until 2012/2013,my eldest will be 16/17 and i know that i will not leave any of my kids behind. We all go or no one goes is a phrase that gets used in our house!

 

I hope this helps a little.

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