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Guest casobelle

Need to apply to courts to get permission to emigrate with my child

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Guest casobelle

Hi, I posted this originally on Poms In Adelaide and was advised I'd get more feedback here - hope that's the case! I'm due to start a new job in Flagstaff in May 2012 - had enough of working in the UK, desperate for a new start for my health and quality of life, and for my daughter. Trouble is, her bio father won't give permission for her to emigrate with me so I'm having to go down the route of applying to the courts to override this. Has anyone been through a similar process? If so, were you successful and how long did it all take? Please help! Thanks

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Guest catbells
Hi, I posted this originally on Poms In Adelaide and was advised I'd get more feedback here - hope that's the case! I'm due to start a new job in Flagstaff in May 2012 - had enough of working in the UK, desperate for a new start for my health and quality of life, and for my daughter. Trouble is, her bio father won't give permission for her to emigrate with me so I'm having to go down the route of applying to the courts to override this. Has anyone been through a similar process? If so, were you successful and how long did it all take? Please help! Thanks

Hi, I am in the same situation! I am applying to the courts next week with my solicitor to grant both my children to leave the UK jurisdiction. The solicitor has said it will take 4 weeks to get to court. The solicitor says I will be granted it as long as I can provide the father with regular contact via telephone/internet. You have to show the courts the children are cared for such as schooling enquiries and a job offer and ready to apply for a visa. It can be costly but continue it will be worth it. Also before you apply to the courts you have to attend mediation, with me they believed mediation was not suitable and therefore an FM1 form is then sent to the solicitor which has to be sent in with the application to court. We are not entitled to legal help so it may be £££. Its cost £300 so far and we aren't at court yet. Hope this helps, Nicky

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Hi, does your daughters biological father have parental responsibility? (depends on the year she was born and if you were married or not).If not then you just need to get a letter from the courts stating he hasn't applied for and been awarded pr and make a statutory declaration yourself to this effect, my solicitor also wrote a letter to diac confirming all of this.

Hope this is some help.

Vicky

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There have been members in the past who have not been successful in their court battle to migrate with the children. The courts will conside the contacts with the other parent and the input into their lives. You do need to fully research your move to provide information to the court - area, rentals, jobs, schools - why will this move be better for your child. Depending on the childs age - they also may be interviewed. Whilst there is a high success rate of parents being granted right to remove the child - it's not 100%


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Guest casobelle

Thanks for your reply. I hope you are successful! I'm seeing my solicitor this week. I'm hoping things can be sorted out without too much aggro and also without getting my daughter drawn into it. PM me if you want to chat or need some moral support!

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Guest casobelle
Hi, I am in the same situation! I am applying to the courts next week with my solicitor to grant both my children to leave the UK jurisdiction. The solicitor has said it will take 4 weeks to get to court. The solicitor says I will be granted it as long as I can provide the father with regular contact via telephone/internet. You have to show the courts the children are cared for such as schooling enquiries and a job offer and ready to apply for a visa. It can be costly but continue it will be worth it. Also before you apply to the courts you have to attend mediation, with me they believed mediation was not suitable and therefore an FM1 form is then sent to the solicitor which has to be sent in with the application to court. We are not entitled to legal help so it may be £££. Its cost £300 so far and we aren't at court yet. Hope this helps, Nicky

 

Hi, sorry, still getting used to how this forum works! The above reply was to catbells.

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Guest Bazinga

Vicky - do you know where I can find out that information? Sons bio father is not on the birth cert, we were never in a relationship & he's seen him once in 6yrs. After a battle he pays money thru CSA but only because he can't get out of it.

 

 

I called up the Australian High Commision but they just said to send in his birth cert with the application and if more is needed the CO will ask for it. Which is all well and good but I want to get it sorted now so when we apply in Dec there are no delays.

 

Do you contact the courts yourself?

 

Good luck to everyone. I know how stressful it is.

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Guest casobelle
Hi, does your daughters biological father have parental responsibility? (depends on the year she was born and if you were married or not).If not then you just need to get a letter from the courts stating he hasn't applied for and been awarded pr and make a statutory declaration yourself to this effect, my solicitor also wrote a letter to diac confirming all of this.

Hope this is some help.

Vicky

 

Hi Vicky, thanks for your reply. Yes, he is named on birth certificate and DD was born after 2003 so that means he has PR, so I do need to go to court. I'm finding the advice so far encouraging though.

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Guest Bazinga

Casobelle - Do you know if the name is not on the birth cert if they still have PR? I thought not but I can't find anything out. My son was born in 2005.

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Guest casobelle
There have been members in the past who have not been successful in their court battle to migrate with the children. The courts will conside the contacts with the other parent and the input into their lives. You do need to fully research your move to provide information to the court - area, rentals, jobs, schools - why will this move be better for your child. Depending on the childs age - they also may be interviewed. Whilst there is a high success rate of parents being granted right to remove the child - it's now 100%

 

Thanks Ali. I already have a firm job offer, due to start in May 2012. Been looking into housing and schools and going to Adelaide to do a reccie later this year! My DD is 5 so hoping she won't be interviewed as I think this will be a bit much for her. Just hoping the courts can see that this is a positive move for us both!

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Guest casobelle
Casobelle - Do you know if the name is not on the birth cert if they still have PR? I thought not but I can't find anything out. My son was born in 2005.

 

Hi Bazinga, as far as I'm aware, if the child was born after December 2003 (you may need to check the exact date but it's def 2003) and the father is named on the birth cert then he automatically has PR. If the child was born before 2003 and you weren't married then he doesn't automatically have PR, but he could apply to the courts for it. Likewise if the child was born after 2003 and you weren't married and his name isn't on the birth cert. Best thing is to see a solicitor (first 30mins of legal advice should be free!) or check with citizen's advice bureau. Good luck!

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Hi guys,

I have been going through the court process myself for the last 18 months, to take my son from a previous relationship with me my hubby and 2 girls aged 8 and 9 months.

It has cost just over £12,000 (but depends on where you live apparently) but we had our final court hearing 2 weeks ago and was granted permision to leave, and we then recieved our visa's on monday this week.

 

It will be very stressful and expensive but if its what you want to do go for it, it will be worth it in the end.

It was an amazing feeling walking out of that court knowing that we could go, as our lives had been in limbo for almost 2 years, and then when we finally recieved our Visa's...WOW...I just can't explain the feeling.

message me if you would like any more info on what to expect or any info needed I will be more than happy to help.

 

Good luck and keep positive.


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 casobelle

Hi Koala, thanks for your reply! Congratulations on finally getting your visas. It sounds like you went through a lot to get them. Hope you don't mind me asking but 18 months seems like a very long time for the process to take - do you know if this is the usual length of time involved in sorting it out? Thing is, I don't know if my prospective employers will keep my job in Oz open for this long - agh!

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Guest NatashaVenus

Hi Girls

 

We plan on applying to emigrate next year and have just starting doing our research. Now I have three children who are not biologically my partners (who is applying for the visa) and I know we will need to go to court.

 

Please keep me updated with you stories and any advice you can give to help us move more smoothly and with as little hassle as possible

 

Natasha

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Thank you :biggrin:

 

I just found this - http://www.direct.gov.uk/en/Parents/ParentsRights/DG_4002954 which is helpful. I have also found out that my husband can apply for parental responsibility so we are going to do that.

 

http://www.fnf.org.uk/law-and-information/parental-responsibility

 

Well done Koala! That is such amazing news.

 

 

Your husband applying for PR wont take away the PR of the biological father. It just means there are now 3 people with PR for the child. The biological father will also be involved in that process if he is about and will be able to say if he agrees or not. Although him not agreeing wont necessarily mean your husband wont be granted it.

 

So you will still have to go through the same process of getting the Courts permission to leave the country.


05/09/09 Mailed my 309/100 app 17/09/09 CO 05/10/09 Meds 08/10/09 PCC 09/10/09 Xray, 18/12/09 Extra Medical report recieved by CO 14/01/10 Hep B test, 09/02/10 New CO aggh 18/02/10 309, Baby visa needed now for our move in Sept 2011

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Guest Bazinga

Natasha - I would get advice from somewhere like the CAB asap because every situation is different. It seems to take a while. I've found some interesting links today - http://www.legal-zone.co.uk/children

http://www.marilynstowe.co.uk/2010/11/10/leave-to-remove-a-child/

 

What you're looking for is information about external relocation/leave to remove from jurisdiction.

 

Everything depends on who has parental responsibility, contact, if the other parent contests it etc so no case seems to be the same.

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Hi Koala, thanks for your reply! Congratulations on finally getting your visas. It sounds like you went through a lot to get them. Hope you don't mind me asking but 18 months seems like a very long time for the process to take - do you know if this is the usual length of time involved in sorting it out? Thing is, I don't know if my prospective employers will keep my job in Oz open for this long - agh!

 

 

I think it is a bit longer than usual, we had a few things crop up that prolonged the case. A friend of ours (from poms in oz) took about a year to get the go ahead.

It is very stressful and expensive but hopefully well worth it. I will let you know lol.

 

good luck xx :hug:


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, does your daughters biological father have parental responsibility? (depends on the year she was born and if you were married or not).If not then you just need to get a letter from the courts stating he hasn't applied for and been awarded pr and make a statutory declaration yourself to this effect, my solicitor also wrote a letter to diac confirming all of this.

Hope this is some help.

Vicky

 

Hi Vicky,

 

We are in the same situation.

Were DIAC more than happy with your stat dec and letter form your solicitor?

Did you do the court search yourself or did you get your solicitor to do it?


Job offer 29-07-11. e457 lodged 06-09-11. e457 proccessing 06-09-11 Employer Approved as a sponsor 09-09-11. Nomination Approved 04-10-11

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Guest casobelle
I think it is a bit longer than usual, we had a few things crop up that prolonged the case. A friend of ours (from poms in oz) took about a year to get the go ahead.

It is very stressful and expensive but hopefully well worth it. I will let you know lol.

 

good luck xx :hug:

Thanks Koala. It's a long shot but I'm hoping we get somewhere with mediation and don't need to go down the court route after all. Unlikely though!

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Guest casobelle
Natasha - I would get advice from somewhere like the CAB asap because every situation is different. It seems to take a while. I've found some interesting links today - http://www.legal-zone.co.uk/children

http://www.marilynstowe.co.uk/2010/11/10/leave-to-remove-a-child/

 

What you're looking for is information about external relocation/leave to remove from jurisdiction.

 

Everything depends on who has parental responsibility, contact, if the other parent contests it etc so no case seems to be the same.

Thanks Bazinga. These links are really useful. There's an advice pack on the legal zone site...only thing is you have to pay to download it but think it's worth it.

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Hi guys,

I have been going through the court process myself for the last 18 months, to take my son from a previous relationship with me my hubby and 2 girls aged 8 and 9 months.

It has cost just over £12,000 (but depends on where you live apparently) but we had our final court hearing 2 weeks ago and was granted permision to leave, and we then recieved our visa's on monday this week.

 

It will be very stressful and expensive but if its what you want to do go for it, it will be worth it in the end.

It was an amazing feeling walking out of that court knowing that we could go, as our lives had been in limbo for almost 2 years, and then when we finally recieved our Visa's...WOW...I just can't explain the feeling.

message me if you would like any more info on what to expect or any info needed I will be more than happy to help.

 

Good luck and keep positive.

 

 

Congratulations on your visa and the end of the court case, must be a great relief xx


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Guest lrobbo

Hi Catbells. I was just wondering why they said mediation was a waste of time for you if you don't mind me asking? We are currently awaiting mediation meetings and I just wondered on what grounds they would negate mediation and fill in the FM1. We are against the clock as I have been lucky enough to gain sponsorship and my new employer is waiting for me. We could have done contract signing to moving within 2 months if the step-daughters Dad had played ball!

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Guest catbells
Hi Catbells. I was just wondering why they said mediation was a waste of time for you if you don't mind me asking? We are currently awaiting mediation meetings and I just wondered on what grounds they would negate mediation and fill in the FM1. We are against the clock as I have been lucky enough to gain sponsorship and my new employer is waiting for me. We could have done contract signing to moving within 2 months if the step-daughters Dad had played ball!

Hi, they said mediation was not suitable as the outcome is not negotiable. It is a yes or no answer. However I have not been told whether my ex agreed to attend or not, so this may be the reason why. The reason mediation was the first avenue is because this is how as this you obtain the form. All courts in the UK since April this year require this form at application stage to discuss any child issue in court. This was £100. Court application is £200. The first hearing is in 4 weeks. This will decide whether an order has to be made. I have since talked to my ex and he is going to discuss with the children next weekend re moving. I do hope this is resolved this way as I have now signed a contract and want to out there before christmas and this court dilemma could take months and at a high price for both parties.

Where are you moving to and what profession are you in? Nice to hear from you too. I would be grateful if you could keep me informed and I will continue likewise, Catbells

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Guest pinkcera

Hi,

 

We have just been through the exact same experience and thankfully the judge has found in our favour. We managed to get it through the court quickly, but please don't bank on this. If your ex is determined to stop you going then be prepared for a long drawn out court case (my ex knew he didn't have a leg to stand on in the end).

 

The courts are going to want to know what the current access situation is, how often your daughter sees her dad, what they do, her relationship with his family and the negative impact your move may have on her relationship with her dad and his family.

 

I would assume that the judge will order a section 7 report with CAFCASS, who will speak to your ex, you and your daughter. They will want to know all about your proposals for education, maintaining contact (visits to the UK, Skype, phone, letters and email) , where you propose to live, what your life will be like compared to the UK. We produced a pack through our solicitors with hundreds of pages in it, it also included financial information, how much we earn here compared to the wages offered in Australia, comparison of household bills, mortgages/rent etc, we even included a sample of an online food shopping order. The biggest problem with CAFCASS is the time they take, they won't be rushed. The judge in our case ruled that they had to have their report in by a certain date, which he wouldn't allow to be moved, but this still took 3 1/2 months.

 

Remember you need this permission to actually apply for your visa, so you need to start this process ASAP to be able to get your application in in time for it to be processed before your intended work date.

 

Unfortunately this all comes with a price, our bill came in at just over £7000, but would have been a LOT more had my ex not have given in prior to the final hearing (where barristers bills would have been an extra £4000!) Believe me, I would much rather have been spending this money on flights!!

 

Best of luck!

Karen

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