BunnyGirl

Fair enough, that's just from what lawyers told me when I started looking into it.

Michael

There was a thread in the in the MBTTUK forum where a British woman was marrying an American and thought she had an agreement with her ex to take the kids with her where she would fly him to the US once a year and bring the kids (9 and 13 year olds) back to the UK once a year but at the last minute, he demanded that she send the kids back to the UK chaperoned on a flight during the summer and again chaperoned back to the US at the end of the summer and pay for all his expenses while he was in the US.

I never found out how that worked out but she decided to go to court to try to get a removal order and hoped that by him changing his mind (she had documentation of the emails) would have an effect on the judge to grant the removal order.

SophieDoyle

I have looked into my partner moving here to the UK, there is no visa for what we require, and I don't earn the threshold amount for her to come here. It would be a lot easier for me to move there, minus this court order. This decision is and has been the last resort.

My ex partner has not adopted my daughter, she's just on the birth certificate as 'parent'.

I have already got a consultation from a lawyer who said I have a strong case, I just wanted some personal experiences.

scrubbedexpat099

Do not think there is a he involved.

SophieDoyle

No, I conceived by sperm donor- Artificial Insemination.

Sally Redux

I don't recall anyone in a similar situation on BE but someone may chime in.

'Better upbringing' is highly subjective though. It could seem like a leap into the unknown.

hoffage123

Agreed and with respect to the earlier suggestion about your OH coming over to the UK which you rebuffed, if you aren't earning the minimum threshold in the UK (£18,500/annum), that suggests that you are likely to get similar/lower paid work in the US (do you have a degree, because without one it is super hard to get anything resembling a living wage here). Once you take into account costs like cost of living in your state, healthcare etc, you could find yourself in a considerably poorer situation, comparatively speaking.

Surely it would be easier for you to try and find work that meets the minimum threshold for a UK visa for your partner to come over?

Hoffage

scrubbedexpat099

OP has a small child to care for.

BunnyGirl

Just playing devil's advocate but if she didn't adopt your daughter, does having her on the birth certificate grant her parental responsibility? Because if it doesn't...

AmerLisa

I was thinking the same...

There is a large gray area that would best be answered by someone with legal knowledge.

scrubbedexpat099

Presumably it is an issue otherwise there would be no court order.

Michael

It may make a difference. A parent can't chose to be a half parent wanting to make decisions about the child but not financially support the child just because the child isn't his biological child. That could make a difference in the eyes of the court.

SophieDoyle

She has parental responsibility hence the order against me being in place.

I have researched this over and over again, there is no way of me changing career path and earning £18,600. I simply do not have the qualifications or experience to earn that much.

Pulaski

Well like Hoffage said, you'll be a whole lot worse off in the US, and the US is a terrible place to be poor. The "poorest parts of town" are invariably dangerous, social welfare and support systems a virtually nonexistent, and you'll be out of pocket the legal, court, and visa fees. Honestly, you need another plan because fleeing to the US isn't going to solve your problems, and will likely make them worse.

Shirtback

If the ex partner is listed on the birth certificate, & has obtained a PSO, I think we can assume she has Parental Responsability.

There are some good arguments up thread for the OP's case, including (bizarrely or not) that UK immigration laws prevent (new) family life in the UK. The lack of child support payments is not one of them.

This case needs an experienced lawyer, & a well-rehearsed & documented case by the OP.

Many years ago, I thought I'd have to go through similar (no PSO however). After legal advice, & preparing my case very thoroughly, I took a last ditch before court chance & invited the other (very hostile) parent to discuss it. Much to my surprise, he finally agreed to sign his approval to a joint agreement on removing the children, visitation etc, which we later ratified through the courts.

I wish you the best of luck, get a lawyer!!

S