bettytweena

I know several members have been to court over permission to remove kids from uk............
Would anyone have any idea as to the 'usual' outcome in these matters?
Has anyone on here ended up with a negative ruling?
I am trying to guage the way these things turn out. My solicitor says they usually swing in the mothers favour, but I would like personal experiences of this if possible.....I know it is a lot to ask, but please help!

dolly1

Hi my solicitor says it will be a fine balance. Dolly

ianj

I suppose its a difficult thing to gauge really. There must be so many variables that can influence the decision. Obviously a child being with the mother is important but dependant on the childs age. As they grow older the need for one parent over the other drops (from what I have read on numerous legal and family related websites / white papers).

Along with this is whether the child has any special needs, however small. What the child themselves want. As they get to a certain age the legal profession listen a whole lot more as to what the child wants over the parents. The schooling issue is another point, what age are they, do they want to leave school and the like.

Then of course comes the absent parent and what they want. Its not only what they want but how it would influence the child to be away from them. Some children have a superb realtionship with their absent parent and the courts will look at that closely as part of their decision.

No longer is it just a case of what can necessarily be gained at the other end. The better standard of life as most people expect when they go, as most families here in the UK have a good standard of living. It may be better but then again it may be worse. One thing that many legal professionals look at is a) so when you get to Oz where will you be living???? You have a house now then??? You have a school lined up already???? You have a job already to support the child and your new life????

How much money will you have if you cannot answer the above questions to last you???? Bear in mind that statistics show that around 60-70% of all new migrants find it hard to become employed in the first 6 months of getting to Oz (those figures came from the DIMA website somewhere).

These are all points that I am sure a good lawyer will exploit and arent exhaustive but highlight that every case has to be based on its merits.

Good luck

dolly1

thanks

ianj

For what Dolly????

lindseyden

I have had the experience of a court case regarding emigrating. My childrens father sought to fight me even though he wouldn't discuss our reasons for going nor even the opinion of our sons. We went through the preliminary hearing and my solicitor said there would be no problem mainly because of their age (15 & 12) and partly because they obviously wanted to go. We didn't get as far as a meeting with CAFCASS as their father's solicitors opinion was the same as mine and told him to save his money, I still had to go thru, with the second hearing to get the court order therefore it still cost me over £1,000 in solicitors and court fees.

According to my solicitor if the children are of a certain age (usually 12 and above) there will be consent to remove, after a CAFCASS report, provided the children want to go and the father cannot prove extenuating circumstances. The court did not expect us to have a house or job. How old are your children?

Good luck

Don

I read 'Billy' the other day and he got custody of his (Billy Connolly's) kids because his first wife was too fond of the booze and therefore unfit.

ianj

That was what I was saying about the whole issue. There are no normal run of the mill cases in general, (one parent an alcoholic, in prison etc) then yes its fairly clear cut. Every solicitor knows the law....supposedly, but each and every one of them has a different perspective on things. What one may think is a winner others could disagree. Its the same with judges, one judge may take a hard line view whilst another may be more lenient. We see it all the time in the Criminal Justice System, there seems to be no level playing field or general consistency.

All anyone can do is to put the whys and where fors as to the whole situation and see what happens. There are just too many variables to say for definite what any outcome may be. Speaking as a father, at the centre of this it is the child(ren) that really matter.

Don

Hmmm, no doubt all that is true but it seems to me (male of the species) that in the absence of evidence of alcoholism, neglect, drugs, obvious bad parenting aptitude etc, the mother will usually get custody or the best side of the outcome.

Tough on the father.

And we die 7 years earlier, too.

bettytweena

My son is almost 15, and although has reservations about the move (like we all have I suppose......change of what we know and all that!!........) he states quite clearly that if I am going, then he definately wants to go too..
Hope this will be enough to persuade CAFCASS to sway in our favour.