Lee Family

Can anyone who has got a court order to take children out of the country tell me if it is time limited ??? e.g only lasts for a short period of time.

thank you

sparks124

as far as i know there shouldn't be a time limit on it, unless the judge has Specifically stated that there is. hope this helps.

PJA

I believe there's no time limit, I was lucky and got my ex to sign a consent letter but he wouldn't have done if the kids had said they didn't want to go. If the court feels the children are old enough to have a say then if they decided they wanted to come back it may have to go back to court but best speak to a family law solicitor to confirm this.


Jane

Lee Family

thank you both for your help

We are still hoping that my ex will sign but are not sure.

vb2

we simply got my sons father to sign a stat dec, failing that, you will need to get a court order, which can be time consuming and pricey and if he has an active part in your childs life, can also be difficult!! luckily my sons father didnt play much of a role and was only too pleased to get out of paying any maintenance - even though he never paid any anyway, maybe a trip to a solicitor - one of those first half hour free, jobbies!!!! might be able to tell you where you stand, but the best and quickest way is for the ex to sign, they may be reasonable especially if they know its in the childs best interest, ie. new life, better quality etc. etc.
good luck either way
vb2

PJA

Yes I was told could cost in excess of £2000 if it has to go to court. We agreed between us to cut maintnance and come back once a year for visits. It's worth trying to agree between you if you can and get a letter drawn up and certified by a solicitor.

Good luck

Jane

andrew63

Just as a heads up, my first Court Order was rejected by DIMIA as it gave permission to remove my child from the jurisdiction of the UK when I left the UK for Ireland. It was deemed as unacceptable for Australia as it did not mention Australia (despite it being outside the jurisdiction of the UK) and when it was issued, my ex knew I was going to Ireland and DIMIA said she may not have agreed if she knew I was going to Australia. I suppose they had a point - ish.
Of course she did not consent to a new one that mentioned Australia and it cost me GBP10k and 12 months to get a new Court Order while she wasted UK Tax Payer's money on Legal Aid on a battle that even her solicitor said she wouldn't win.
DIMIA were being overly cautious and I probably could have argued with them but when applying for a visa I think it may not be wise.
DIMIA to have "stock" consent forms that you can use.

Andrew

JAJ

I would point out that there appears to be a risk of maladministration in this area. DIMA are not supposed to "second-guess" court orders, and if they wanted to refer to any courts in a situation like this it should have been the Irish courts, not the English ones.