teach_says

Hi (I posted this in the welcome, but figured it was more relevant in here as this is where I will be posting)

I am Porsha a UK citizen and my husband Knowles is a US citizen. We met in 2001, had a son in 2004 and were married in 2006... He came to live in the UK with me in 2006 and we lived together for two years. Our relationship didn't work out (I think a combination of youth, inexperience and stubbornness) and he moved back to the US.

I met someone else in the UK and had another child, but Knowles and I rekindled our relationship in 2010 (although we have never divorced), we've been taking it REALLY slowly and we are older and wiser now.

My career has meant that I have been hesitant to leave the UK, but I decided that I can't do another long distance relationship with him and after skyping and facetiming it for a couple years now, I handed in my notice this week.

We will be sending off the I-130 next week and I am hoping to be with him by the end of this year.

Well that's my complicated, but summarized story... Nice to meet you all...

Porsha

Mummy in the foothills

Welcome.
How does the second baby daddy feel about you moving away?

Noorah101

Hi and Welcome to BE. That's quite a story!!

One thing you should get working on, is getting permission from the father of your second child, to bring him to the USA (if he is indeed coming to the USA with you). You will either need something in writing from the father, or a court order.

Knowles' son should be a USC, so you will need to get him a US passport before entering the USA with him.



(A Mod needs to move this to the US Marriage Based forum, please.)

teach_says

His father has refused to give permission, but he has not actively been in his son's life since 2010. He has PR because he signed the birth certificate but I am the primary carer. We are going to family court on Wednesday, fingers crossed they grant me the leave to remove. I've done lots of research on it, but couldnt afford a solicitor.

teach_says

We are going to court on Wednesday for leave to remove. My oldest is a dual citizen, I just need to renew both of his passports and he is good to go.

Thank you for the advice, have you been to family court before? I am so nervous!

ian-mstm

This is irrelevant. He can assert his parental rights at any time.


Again, irrelevant.


This is not something you want to do without an attorney! Get one. Pay him via credit card, get a personal loan, borrow money from family or friends... but don't go into court with nothing more than your "lots of research". Why the attorney? Here's some thoughts... Do you think your child's father is going to court by himself? Do you think his attorney is going to let you take the child outside the country without putting forth all the legal arguments against that? By the time the lawyer is finished, you're going to be the evil mother who twice had a child without being married to the father, cheated on her husband, caused the breakdown of the marriage (whether true or not), and should therefore lose custody of the child.

Really... you should reconsider your course of action!

Ian

Noorah101

No, sorry, I have not.

Rene

teach_says

Thanks for the advice Ian, I am going to see the duty solicitor on Wednesday morning before I go to court and discuss those points you have just raised. I will probably hire him/her as well so that I am not alone.

In England being the primary carer is a big factor and so will be separating my children who have always lived together. It's not a custody case, its to gain permission for relocation... BUT I see what you mean about having reasoned arguments for the judge and seeking proper legal advice. The decision will impact on whether or not I can move to the US as I wouldn't be willing to leave my youngest child here.

I will update you on the outcome on Wednesday, thank you for your help. It's definitely made me change my approach.

Porsha

traceym

I have not worked in the UK Courts since 2009 so things may have changed, however due to Legal Aid board cutting payments there is not always a duty Solicitor on duty, also I have NEVER seen a duty Solictor in a Family Court. Yes I worked in family Court as well as criminal.

The duty solicitor is on duty to advise in Criminal cases, the remit is such that he has strict guidelines to follow and can only see certain people for certain cases, also he would not be able to accompany you into Court when your case is heard. He needs to be available for everyone else who wants to see him.

I would urge you to go and see a family lawyer BEFORE your Court date.

teach_says

There is a duty solicitor at the Edmonton family court I will be attending, they are only scheduled there on some dates, my court date was arranged on one of those dates.

I thought I was able to hire him, thanks for letting me know that I can't. I am going to have to try and arrange another solicitor to come to court, I will make some calls on Monday as there is only a couple of working days before court.

My case is a lot more complicated then I have explained on here, his father has not be notified about these proceedings for various reasons. However, as Ian highlighted there still needs to be a reasoned argument for what's in the best interest of my son.... As the judge my decide that he should stay in the UK.

Could you please advise me on this: I was applying for leave to remove and a seperate specific issue order (for change of name), but from research I am thinking that disposal of parental responsibility would be more conclusive (although I know its harder to obtain). What do you think?

Mr Weeze

Without knowing anything about legal proceedings and based solely on what I read here, I would be looking to delay your court date:

You seem to have done research, so you know the theory, but you have no practical experience.
It's not straightforward, so the internet is for guidance only - you can't be sure you've got it right.
If it goes wrong for you on the day, is that it done forever - chance gone?

I reiterate I have zero knowledge or experience of this myself, but as you read it you can see a train wreck unfolding.

JAJ

Out of interest, why did you hand in your notice before even applying for an Immigrant Visa, let alone receiving it?

teach_says

Because I have to work out my notice, which is 3 months... I'm a teacher, I've signed up for supply work for Sept, but if I was still under contract I wouldn't be able to leave until January. There are only certain points of the year that you can resign and start.

Technically, I could have waited till May, but they wouldn't have been able to advertise and find a suitable person in time for Sept start. I am a learning director, with all of the changes in curriculum this year the person replacing me has a lot to sort out for various departments.

ian-mstm

Oh dear... it sounds as though you are deliberately trying to deprive the father of his parental rights. That's not going to sit well with the judge. If the father is not there, the judge will almost surely want you to provide documented proof that you demonstrated due diligence in trying to locate him - yes, even if it meant hiring a private detective!

Please understand that I'm not trying to scare you... but, over the years, a number of people posting here have tried to get Leave to Remove and, while most are successful, the burden is on you to demonstrate that leaving the UK is in the best interest of the child. You have no idea the hoops that some people have had to go through to get permission to remove the child from UK jurisdiction. Having the child stay with the mother is not necessarily in the best interest of the child... so don't assume it's a given.

... and the judge is going to want to know why the father hasn't been notified!

Ian

scrubbedexpat099

http://www.visajourney.com/forums/to...urt-in-the-uk/