Leave to remove application
#1
yodayoda123
Thread Starter
Joined: Sep 2014
Posts: 12
Leave to remove application
Hi, I'm new to this site so any help would be much appreciated. My husband is a US citizen and resides in the US. My daughter and I are wanting to relocate to thand US but my ex is not consenting to my daugher moving. He's not refusing - just not consenting. Therefore we are making an application to the court. Does anyone know how long it takes to get first court date? Thanks
#2
Re: Leave to remove application
Depends on the local court. Phone the clerk of the court and ask.
#3
yodayoda123
Thread Starter
Joined: Sep 2014
Posts: 12
Re: Leave to remove application
Thanks. I did that and they said they can't tell me until the judge sees the application as it can vary. Didn't know if anyone has experience and how long it took them.
#4
Re: Leave to remove application
When I was researching this, 12 months and longer seemed quite normal...
#5
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Location: London
Posts: 101
Re: Leave to remove application
I'm a solicitor and have experience of this type of case. How old is your daughter?
#6
yodayoda123
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Joined: Sep 2014
Posts: 12
Re: Leave to remove application
She's 7. We want to relocate at end of academic year as that's beneifical for her. But we also need to apply for visa and cannot do that until court application is complete so we are on a tight timescale. Appreciate any advice.
#7
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Location: London
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Re: Leave to remove application
What's your ex's view on this?
#8
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Joined: Apr 2011
Location: Ohio
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Re: Leave to remove application
My daughter's had several new kids a year join her class (she's 10 now); sometimes they don't even wait for a Monday, let alone the start of a school year! Within a week, they've completely bedded in and no longer seem 'new'.
#9
Re: Leave to remove application
You say your ex "isn't refusing', but is he going to refuse, or is he just not cooperating? .... If the latter, have you considered bunging him some money to persuade him to cooperate, because it'll save you legal fees, court costs, and time.
#10
yodayoda123
Thread Starter
Joined: Sep 2014
Posts: 12
Re: Leave to remove application
Thanks all. That's good to hear kids settling in quick. We have lots of family around us when we move and she's been there a ton of time and loves it. But I undestand the significance of changing schools compared to having holidays etc. Re my ex - he isn't really saying anything apart from "I'm undecided". We've given a huge information pack, been to mediation and the mediator reiterated our proposals, contact plan and information packs are all informative and reasonable. It works out he would get the same amount of time he spends with her now but actually more quality time. I have stressed the importance of not involving our daughter which would happen if we went through the court. But it feels like he is burying his head in the sand. I understand its a difficult decision and not one to be taken lightly or easy but it's a reality.
#11
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Re: Leave to remove application
It wouldn't involve your daughter if it went through the court, beyond a CAFCASS officer speaking to her very briefly.
Has your ex talked about her living with him? How would her life be improved in the US rather than remaining at home with Dad? How did you meet your new husband? Have you actually lived together yet?
These will all be points for the court to consider. You need a solicitor, and probably a good one if he fights this.
Has your ex talked about her living with him? How would her life be improved in the US rather than remaining at home with Dad? How did you meet your new husband? Have you actually lived together yet?
These will all be points for the court to consider. You need a solicitor, and probably a good one if he fights this.
#12
yodayoda123
Thread Starter
Joined: Sep 2014
Posts: 12
Re: Leave to remove application
I have a solicitor. A top London family lawyer. Everything is being done via them. I have all info and everything ready for court. I just want to avoid court and was trying to see if anyone had anyone had any experience on how long the court process is. All cases vary and so my laywer cannot give a definite timeline but I was hoping to hear other people's experiences of the same. Thanks
#13
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Location: London
Posts: 101
Re: Leave to remove application
Except you asked "Does anyone know how long it takes to get first court date?". That's a specific question only your solicitor could really answer.
#14
yodayoda123
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Joined: Sep 2014
Posts: 12
Re: Leave to remove application
Also - I would never leave my daughter. My ex has not even mentioned he living with him. He would not be able to care for her every day (he can just about do one evening) and it would destroy her not living with me. I've cared for her for 7 years as a sole career, even when we were together.
#15
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Re: Leave to remove application
By the way I should question how "top" your London family lawyer is. It's actually a definitive number of weeks (dependent on which court) and they really should have told you. Basic stuff.