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woodymcfc

submitting 176 application without court order

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Ok here goes, we gained our state sponsorship from WA this morning. I am now wanting to start our 176 visa application but we will have one thing missing. We have our 2nd and most likely final court hearing on the 28th April with regards to the OH's daughter and taking her to Australia, she doesnt see her biological father and there has been no contact at all for 6 years. Would I be able to submit our application and forward the court order in April if/when it is approved ? thanks...................Gary


 

Gary (37 electrician special class), Maxine (37, Nurse), Macy (12) & Thomas (3). WA SS Applied 20.12.10 received 02.02.11, 176 visa applied 16.02.11, Co assigned 16.03.11, everything uploaded 15.05.11..visa granted 24.5.11. Fly 8.1.12...arrived in Perth 12.1.12...

 

 

 

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Hi

 

Yes you will be able to lodge your visa's as we have done this too.

 

We lodged our 176 visa last feb, and still not got a court order yet.

 

We have our final hearing next week to find out if we can take my eldest with us, not that we would go without him. it has taken a year so far, over £7000 and so much stress but hopefully we will get the go ahead next week and it'll all be worth it.

 

How have things gone for you so far? Have you seen caffcass yet??

 

Well good luck for court i do hope its the final one for you, its so stressful isn't it, and the visa process is a piece of cake compared to courts, solicitors etc.

 

Well good luck and fingers crossed for you all. xx


TRA lodged - 12/11/09, TRA passed - 09/12/09, SA SS lodged - 31/12/09, SS granted - 25/1/10, visa (176) lodged - 4/2/10, CO - 10/2/11, VISA GRANTED - 22/08/2011

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Hi

 

Yes you will be able to lodge your visa's as we have done this too.

 

We lodged our 176 visa last feb, and still not got a court order yet.

 

We have our final hearing next week to find out if we can take my eldest with us, not that we would go without him. it has taken a year so far, over £7000 and so much stress but hopefully we will get the go ahead next week and it'll all be worth it.

 

How have things gone for you so far? Have you seen caffcass yet??

 

Well good luck for court i do hope its the final one for you, its so stressful isn't it, and the visa process is a piece of cake compared to courts, solicitors etc.

 

 

Well good luck and fingers crossed for you all. xx

 

 

Thanks Koala for you reply, we haven't seen cafcass yet but they have been instructed to carry out their checks, i'm going to give them a call this afternoon. How did you find cafcass, did they stick to their timelines that the court ordered ?

 

I dont know your personal circumstances but my OH's ex is very hard to make contact with, he is avoiding every attempt we have made. We employed a process server and when they tried to serve documents on him he said that he was someone else !!! A photo supplied by us to the process server proved that it was him !!! He has returned the court letters saying 'addressee gone away', funny cause the OH recognized that it was his handwriting on the envelope !!!!! I'm hoping that the judge will see this and grant the order at the next hearing. When you applied did you put a statement on the application to say that you will forward the court order when it is granted ?

 

 

Thanks again

 

Gary


 

Gary (37 electrician special class), Maxine (37, Nurse), Macy (12) & Thomas (3). WA SS Applied 20.12.10 received 02.02.11, 176 visa applied 16.02.11, Co assigned 16.03.11, everything uploaded 15.05.11..visa granted 24.5.11. Fly 8.1.12...arrived in Perth 12.1.12...

 

 

 

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Thanks Koala for you reply, we haven't seen cafcass yet but they have been instructed to carry out their checks, i'm going to give them a call this afternoon. How did you find cafcass, did they stick to their timelines that the court ordered ?

 

I dont know your personal circumstances but my OH's ex is very hard to make contact with, he is avoiding every attempt we have made. We employed a process server and when they tried to serve documents on him he said that he was someone else !!! A photo supplied by us to the process server proved that it was him !!! He has returned the court letters saying 'addressee gone away', funny cause the OH recognized that it was his handwriting on the envelope !!!!! I'm hoping that the judge will see this and grant the order at the next hearing. When you applied did you put a statement on the application to say that you will forward the court order when it is granted ?

 

 

Thanks again

 

Gary

 

 

Hi,

 

Yes we saw caffcass and they kept to timelines, me and my ex both saw her at separate times, she then met with my son and also came to visit both houses. all went well we had a positive report and she will be called as a witness in court next week.

My son doesn't see his father now, through his own choice. and as he is 12 i cannot force him to see his father.

Your case sounds as if it will be easier because he is not getting into contact at all, has your solicitor given you any idea how things will go if he doesn't go along with it.???

 

No we didn't say anything about the wait for the court order when lodging our visa, you will wait for a while for a co, then they will contact you to get all the required documents sent to them.

 

Where are you guys living and where are you hoping to move too??

 

Hope all goes well

koala x


TRA lodged - 12/11/09, TRA passed - 09/12/09, SA SS lodged - 31/12/09, SS granted - 25/1/10, visa (176) lodged - 4/2/10, CO - 10/2/11, VISA GRANTED - 22/08/2011

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Guest SteNRach
Ok here goes, we gained our state sponsorship from WA this morning. I am now wanting to start our 176 visa application but we will have one thing missing. We have our 2nd and most likely final court hearing on the 28th April with regards to the OH's daughter and taking her to Australia, she doesnt see her biological father and there has been no contact at all for 6 years. Would I be able to submit our application and forward the court order in April if/when it is approved ? thanks...................Gary

 

Hi, I've ben gaining some usefull information regarding the removal of a child from the UK. But I'm hoping someone can shed some light on the actual form I need to submit to the court, from the research I've done on the HMCS website the only form I have found is : Application for permission to remove a child from the United Kingdom Section 28 Adoption and Children Act 2002 form A56_1205. Can any one tell me please if this is the form I'll need to fill in?

I did go and see a solicitor and was told the hourly rate was £140 per hr and the total cost around £2000! I feel my case should be pretty straight forward as the biological father was'nt married to the mother, has a prison record related to offences towards the mother, has'nt seen daughter for 13 years, applied to the court for an access order 12 years ago then withdrew his application!

Really gratefull for any feed back and good luck to those going through the process.

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Hi, I've ben gaining some usefull information regarding the removal of a child from the UK. But I'm hoping someone can shed some light on the actual form I need to submit to the court, from the research I've done on the HMCS website the only form I have found is : Application for permission to remove a child from the United Kingdom Section 28 Adoption and Children Act 2002 form A56_1205. Can any one tell me please if this is the form I'll need to fill in?

I did go and see a solicitor and was told the hourly rate was £140 per hr and the total cost around £2000! I feel my case should be pretty straight forward as the biological father was'nt married to the mother, has a prison record related to offences towards the mother, has'nt seen daughter for 13 years, applied to the court for an access order 12 years ago then withdrew his application!

Really gratefull for any feed back and good luck to those going through the process.

 

I may be wrong but do you have sole parental responsibility, if you do then I'm not sure if you need to get permission from the biological father.....If you dont then the first thing you need to do is fill out the C100 form that you can get from the HMCS website here

Her Majesty's Courts Service -Forms and Guidance

 

If you need any help and I can offer it then dont hesitate to ask, we are going through it at the moment and have our final court date next month............done it so far on our own with a little advice from a relative who's a solicitor.


 

Gary (37 electrician special class), Maxine (37, Nurse), Macy (12) & Thomas (3). WA SS Applied 20.12.10 received 02.02.11, 176 visa applied 16.02.11, Co assigned 16.03.11, everything uploaded 15.05.11..visa granted 24.5.11. Fly 8.1.12...arrived in Perth 12.1.12...

 

 

 

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Just a point if it all hangs on a court order and you lodge but then fail to get said court order you will have lost the application fee too.


So many wineries ......so little time :yes:

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Just a point if it all hangs on a court order and you lodge but then fail to get said court order you will have lost the application fee too.

 

True, but I'm sure that in certain circumstances you have a pretty good idea that you should get the court order, especially if you have taken advice from a solicitor who has experience in this field. Not everything is definite, but I am more of a glass half full type of person than half empty......and at the end of the day whats £1500 for a chance of a better lifestyle !!


 

Gary (37 electrician special class), Maxine (37, Nurse), Macy (12) & Thomas (3). WA SS Applied 20.12.10 received 02.02.11, 176 visa applied 16.02.11, Co assigned 16.03.11, everything uploaded 15.05.11..visa granted 24.5.11. Fly 8.1.12...arrived in Perth 12.1.12...

 

 

 

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Good luck Gary I hope all goes well for you and you don't have to way much longer. Dawn x


Rob , Dawn & Anna. Rob arrived in Perth Dec 10 (457 visa), Dawn and Anna arrived 9th Mar 11. Bring it On! :jiggy:Vetassess pass Aug 10. IELTS pass Nov 10. WA SS Applied 20/12/10, Approved 17/01/11, 176 app 22/01/11, CO 15/02/11, Meds 15/03, visa approved 21/03/11

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Good luck Gary I hope all goes well for you and you don't have to way much longer. Dawn x

 

Bloody hell Dawn, do you not sleep ? I thought I was the only one that goes on here at this time in the morning, I'm meant to be working though !!!!! Thanks for the 'good luck' I'm sure all will be fine and we will have our visa soon............are you in Perth now ?


 

Gary (37 electrician special class), Maxine (37, Nurse), Macy (12) & Thomas (3). WA SS Applied 20.12.10 received 02.02.11, 176 visa applied 16.02.11, Co assigned 16.03.11, everything uploaded 15.05.11..visa granted 24.5.11. Fly 8.1.12...arrived in Perth 12.1.12...

 

 

 

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Thanks very much Gary, I did more research and have been answered by other PIOs. I have discovered to my great relief that I won't need to (99.9% sure) get a court order as I do have full parental responsibility and I have quite a few papers (legal docs) to show that the father could'nt even gain access to my daughter so that to me tells me he has no legal right over where I take her.

One point that a PIO made which I had'nt thought of but is quite relevant is the fact that my daughter has had a pasport for the past 11 yrs and I never needed to get his signature in order to get this, I also changed her surname 13 yrs ago and again did'nt need his permission.

Thanks again for your feedback and good luck to you and your family

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