Court Battle To Emmigrate
#1
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Joined: Oct 2004
Posts: 9
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
Andrea, Jim, Lee and Jamie in gibraltar
#2
Re: Court Battle To Emmigrate
Originally Posted by james1
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
Andrea, Jim, Lee and Jamie in gibraltar
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!
#3
Re: Court Battle To Emmigrate
Originally Posted by james1
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
Andrea, Jim, Lee and Jamie in gibraltar
Hope you get the outcome that keeps everyone happy.
#4
Re: Court Battle To Emmigrate
Originally Posted by james1
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
Andrea, Jim, Lee and Jamie in gibraltar
You need a good solicitor, money and time and hope that common sense prevails.
Andrew
#5
Re: Court Battle To Emmigrate
Originally Posted by james1
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
Andrea, Jim, Lee and Jamie in gibraltar
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
#6
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Joined: Feb 2004
Posts: 183
Re: Court Battle To Emmigrate
Originally Posted by james1
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
Andrea, Jim, Lee and Jamie in gibraltar
if you need help PM me.
Dolly X
#7
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Joined: Oct 2004
Posts: 9
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
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
#8
Forum Regular
Joined: Jan 2003
Location: Sydney
Posts: 239
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
Queenie
Originally Posted by james1
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
Andrea, Jim, Lee and Jamie in gibraltar
#9
Re: Court Battle To Emmigrate
Originally Posted by queenie
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
Queenie
#10
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Joined: Oct 2004
Posts: 9
Re: Court Battle To Emmigrate
Originally Posted by queenie
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
Queenie
Thank you for your advice though!
Andrea
#11
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Joined: Oct 2004
Posts: 9
Re: Court Battle To Emmigrate
Originally Posted by rob&lucy
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.
Thank you
Andrea
#12
Joined: Feb 2005
Posts: 4,337
Re: Court Battle To Emmigrate
Originally Posted by rob&lucy
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.
We went through this to get premission and lucky for us "DAD" aint interested and gave no objections.
#13
Re: Court Battle To Emmigrate
Originally Posted by queenie
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
Queenie
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.
#14
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Joined: Oct 2004
Posts: 9
Re: Court Battle To Emmigrate
Originally Posted by madsad
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.
Sorry dont know your particular circumstances but was your ignorant point of view really necessary?
Donna.
Andrea
#15
Re: Court Battle To Emmigrate
Originally Posted by james1
Thank you very much, well said
Andrea
Andrea
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.