Court Battle To Emmigrate
 

Hi, anyone that has been in the same position as us would love to hear from you. We are a step family and ex is refusing to allow my daughter to leave for Australia, its no fun at the mo!!!

Andrea, Jim, Lee and Jamie in gibraltar

Re: Court Battle To Emmigrate
 

Hello,
I read your thread with interest. I too had this situation when I wanted to emigrate from UK to OZ. My ex would not agree to let me take my son, so it ended up at Court. Have you done written statements yet? Where are you with it all at the moment? How old is the child/children and what are your reasons for bringing to Oz, because that has a big impact on the outcome.

We are out here now, and my ex couldn't be happier - he doesn't pay a cent for his upbringing!

If I can help with any stages at all, let me know.

Rob&Kim
PS: If you haven't already, get a solicitor. Good Luck! :D

Re: Court Battle To Emmigrate
 

Do a search on both here and the Immigration forum. Unfortunately it is all too common :(

Hope you get the outcome that keeps everyone happy.

Re: Court Battle To Emmigrate
 

Been there, done that, spent the money! No fun and not cheap. Took me nearly a year and close to GBP10,000 but got there in the end. Biggest advanatge on my side was that the ex had no contact for 3-yrs previously to the application (which of course in Court was blamed on me by the ex).
You need a good solicitor, money and time and hope that common sense prevails.

Andrew

Re: Court Battle To Emmigrate
 

Sometimes the 'ex' has legitimate reasons to object to a child being removed from the UK, sometimes not.

Is your court case taking place in Gibraltar? If that's your place of normal residence then DIMIA should be looking to see that Gibraltar law is observed, and if you have custodial rights as far as Gib is concerned then you might not to need any UK court order as far as DIMIA is concerned. Unless the ex is also in Gibraltar.

I'm aware that Gib is a British Overseas Territory but in many circumstances the Territories act like separate countries. You may need to check how this works with child custody.

Jeremy

Re: Court Battle To Emmigrate
 

Hi been there and are now living in OZ
if you need help PM me.
Dolly X

Re: Court Battle To Emmigrate
 

Thanks for all your replies!! We are new to this forum so its good to read some "been there" tails!
Basically the ex is a comlpete loser that only turns up to see his daughter whenever he feels like, unfortunatly he is coming out with every excuse in the book as to why that is.
We have had soliciters and welfare officers involved for months now and the hearing is on the 9th of May.
Gibraltar is governed under Uk law but with a few exceptions, not on our side!! i,e 30/40 years behind in custody laws!!
We still have no idea how this is going to go and it's all so unfair, we shall definatley keep you posted along the way!
Cheers guys
Andrea & Jim

Re: Court Battle To Emmigrate
 

Don't know your particular circumstances, but I can't understand any parent allowing this to happen. I wouldn't give my permission either.

Queenie

Re: Court Battle To Emmigrate
 

ok personal thoughts are fine but you said that you don't know the personal circumstances. There are many many circumstances where the child is socially and psychologically healthier with one parent than the other be it in the same country or not but that's not saying that having both parents (be they step parents too) aren't important. Of course there will always be the flip side to this. All Andrea was asking was for information. I just felt your reply was harsh and not helpful.

Re: Court Battle To Emmigrate
 

Like you said you don,t know the circumstances!! In a nutshell, he has no overnight access as he's a violent man, never supported his daughter financially and left a son in the u.k to move to spain, he,s a loser!!
Thank you for your advice though!
Andrea

Re: Court Battle To Emmigrate
 

Thank you
Andrea

Re: Court Battle To Emmigrate
 

Second that, the courts will decide what is best for the kids.
We went through this to get premission and lucky for us "DAD" aint interested and gave no objections.

Re: Court Battle To Emmigrate
 

Oh & you live in a perfect world???? Two people fall in love,get married,have kids & live happily ever after??

Sorry dont know your particular circumstances but was your ignorant point of view really necessary?

Donna.

Re: Court Battle To Emmigrate
 

Thank you very much, well said
Andrea

Re: Court Battle To Emmigrate
 

Andrea,
If you do a bit of searching through our threads we have a similar story,although we managed to avoid court,but the whole messy buisness kept us in tenderhooks right up to the last second of getting our visa.
We are now in Oz & so glad ive left that part of my life behind me. (the scumbag wont know what to do with himself now!)

Best of luck x

Donna.