Court costs etc

Old Jan 14th 2007, 9:02 pm
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Unhappy Court costs etc

Hi

A bit of background

After visiting friends in Brisbane a couple of times, we ( me 40, hubby 39, 2 girls 14 and 16) have decided we would like to move to Brisbane in 2 years time (kids exams). We have no problem with the points BUT i have an ex husband who is father to the girls.

Both the girls would like to move to Brisbane, but their Father will not sign a stat dec and has been getting nasty with them, e.g. telling them he does not want to see them again etc.

So we have decided to go to court, we did have a solicitor send him some letters with a stat dec but that did not make any difference but cost a lot :scared: .

The question

So my question is how much will it cost to go to court and how long will it take ? Also can people who have gone through the process please contact me
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Old Jan 14th 2007, 9:07 pm
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Default Re: Court costs etc

I'm sorry I can't help answer your question, but I do feel for you - what a horrible situation. I wish you all the best in getting it sorted out with the minimum of fuss & expense. Good luck,
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Old Jan 14th 2007, 9:11 pm
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Default Re: Court costs etc

thank you esperanza

I hope we can sort it easily as well, it is not helped by my ex refusing to talk to me.
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Old Jan 14th 2007, 10:02 pm
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Default Re: Court costs etc

Hi,
A Mum at school had the same problem and she had 3 children with 2 different Dads. She went to court and got permission to take them to Australia. I can't remember all the details - mainly that she had stable family home environment and that the children would have a better life there.
It was about 5 years ago (terrible memory!) but I thought it might give you some hope.
Good luck
Jx
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Old Jan 14th 2007, 10:10 pm
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Default Re: Court costs etc

Originally Posted by hopefullybrisbane
Hi

A bit of background

After visiting friends in Brisbane a couple of times, we ( me 40, hubby 39, 2 girls 14 and 16) have decided we would like to move to Brisbane in 2 years time (kids exams). We have no problem with the points BUT i have an ex husband who is father to the girls.

Both the girls would like to move to Brisbane, but their Father will not sign a stat dec and has been getting nasty with them, e.g. telling them he does not want to see them again etc.

So we have decided to go to court, we did have a solicitor send him some letters with a stat dec but that did not make any difference but cost a lot :scared: .

The question

So my question is how much will it cost to go to court and how long will it take ? Also can people who have gone through the process please contact me
Try pm'ing katsmagics other half.....I think......I know they have just gone thru something similar
Lol x
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Old Jan 14th 2007, 10:15 pm
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Default Re: Court costs etc

Keith&Lol - thanks i will try that
Jaycee1 - thanks for the encouragement
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Old Jan 15th 2007, 12:26 am
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Default Re: Court costs etc

Hi
Just going through the same thing ourselves.
We have been told by our solicitor that we are looking at about £2500 unless her ex fights us all the way to which he couldnt give us a definitive cost.
I have read on here that it has cost some people up to £10,000.
Hope it works out for you.

Good Luck

Mark
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Old Jan 15th 2007, 2:29 am
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Default Re: Court costs etc

Originally Posted by soldierblue
Hi
Just going through the same thing ourselves.
We have been told by our solicitor that we are looking at about £2500 unless her ex fights us all the way to which he couldnt give us a definitive cost.
I have read on here that it has cost some people up to £10,000.
And for some people it has not cost very much at all.

Regarding your 16 year old, talk with your solicitor about whether the courts will even issue an "order" in the first place. United Kingdom courts are very reluctant to get involved in custody issues concerning those aged 16+ (in other words, 16 and 17 year olds are usually free to make up their own minds).

And most courts would listen to the views of a 14 year old.

Also bear in mind that child custody issues are assessed as at date of visa decision, not visa application.

One more thing. Before getting too worked up over this, do check that you are otherwise eligible to migrate to Australia. If you don't meet the skill requirements, then you risk wasting a lot of time and money for nothing.
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Old Jan 15th 2007, 6:43 am
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Default Re: Court costs etc

soldierblue - thanks for your reply and good luck.

JAJ - thanks for your reply, we have checked and the only thing stopping us migrating is the problem with the girls. We would still need a court order for the 16 year old as it is needed inorder to obtain the visa. :scared:
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Old Jan 15th 2007, 7:16 am
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Default Re: Court costs etc

Originally Posted by hopefullybrisbane
soldierblue - thanks for your reply and good luck.

JAJ - thanks for your reply, we have checked and the only thing stopping us migrating is the problem with the girls. We would still need a court order for the 16 year old as it is needed inorder to obtain the visa. :scared:
One assumes you can be sponsored by a rellie then otherwise I wouldnt think you would be able to make the points.

Jo
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Old Jan 15th 2007, 8:13 am
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Default Re: Court costs etc

Hi
We have just finished our court proceedings on this matter in December, I will PM you with the details

Karen
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Old Jan 15th 2007, 10:50 am
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Default Re: Court costs etc

Originally Posted by soldierblue
Hi
Just going through the same thing ourselves.
We have been told by our solicitor that we are looking at about £2500 unless her ex fights us all the way to which he couldnt give us a definitive cost.
I have read on here that it has cost some people up to £10,000.
Hope it works out for you.

Good Luck

Mark
Unfortunately that would be me! Cost me just under #10,000 and 12 months to get through. The ex's solictor and all the judges on the way (who allowed appeals) said I would win but you have to go through the motions (and line all their pockets with gold!)
Ended up in in the High Court in Chancery Lane. Of course the great british tax payers funded my ex!
Worth it in the end - just wish it was cheaper or quicker!

Happy to discuss more by PM.

Andrew
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Old Jan 15th 2007, 10:56 am
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Default Re: Court costs etc

Originally Posted by joho
One assumes you can be sponsored by a rellie then otherwise I wouldnt think you would be able to make the points.

Jo
I am interested to know how you can estimate the points from the information given. Can you explain?
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Old Jan 15th 2007, 11:53 am
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Default Re: Court costs etc

Originally Posted by Keith&Lol
Try pm'ing katsmagics other half.....I think......I know they have just gone thru something similar
Lol x
Hi there PM my good wife Katsmajic, we have just had our eldest three kids dad PR taken away and granted to me so we can change surnames and take them out of the country etc etc.

Cost us £175 through courts your case might be different, get in touch with my Mrs she will be able to help you more.

I am stuck at work at the moment.
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Old Jan 15th 2007, 12:34 pm
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Default Re: Court costs etc

Hi, we went to court for a court order to cover every angle for our emmigration plans,
residence order - for my oh to give him PR
removal of Pr - to remove ex's pr
removal from uk to australia - incase judge didnt grant removal of PR
change of surname for kids

as it was i tracked down my ex and got him to sign a stat dec to agree to all the above, (he got the letter at 9am, had it signed/witnessed and certified and back in the post by 1pm)

the court cost £175 to apply for a hearing, we didnt use a solicitor, i downloaded the application papers from the court website, (local family court)
from what ive researched and learnt the judge will listen to the children and take it to account their wishes, they want to see evidence that it is in the childs best interest to move abroad, 'keeping the family unit together' is a valid reason, if it is how the children have been for the last 3 years +.

we had a caffcass report done at no extra cost, and the hearings do not incurr extra charges, its when it becomes contested/lots of external reports etc that more costs might arise. because of your girls ages your case may be quite simple, it depends on your ex really. youve got to point out to him and the courts that the girls will be 16 & 18 by the time you want to move.
our case took about 5 months in all, thats quick, but i still moaned about it!

good luck, Kat xxx

Last edited by katsmajic; Jan 15th 2007 at 12:40 pm. Reason: time & ages
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