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finally - the final hearing

finally - the final hearing

Old May 20th 2008, 2:38 pm
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Default Re: finally - the final hearing

Got everything crossed for you!!!!!!!!!!
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Old May 20th 2008, 3:11 pm
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Default Re: finally - the final hearing

Well done on getting the Cafcass folks to understand your viewpoint - it's very unusual for the judge to go against what they say

Keeping everything crossed here for you too - you've no idea how much help reading these threads are to myself & probably to others in the same situation also

Any idea when the hearing is yet?
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Old May 20th 2008, 4:01 pm
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Default Re: finally - the final hearing

FANTASTIC NEWS EVE!!!!!!!!!!!
The Judge usually goes with the recommendations made in the Cafcass Officer's report........so it's looking good for you now hun
Really pleased for you...........will be thinking of you in Court
Beth x x
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Old May 20th 2008, 8:23 pm
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Default Re: finally - the final hearing

Originally Posted by JenniGee
Well done on getting the Cafcass folks to understand your viewpoint - it's very unusual for the judge to go against what they say

Keeping everything crossed here for you too - you've no idea how much help reading these threads are to myself & probably to others in the same situation also

Any idea when the hearing is yet?
Thanks

Yeh, the next or second hearing is on thursday and we dont expect one of the Ex's to turn up and the ex MIL is even less likely to turn up, the other ex may turn up, depends what mood she's in!:curse:

Any thing could happen, if no one turns up then we will ask for an uncontested final hearing, there and then.

If one or the other turns up we will ask for a final hearing at next available date which will can take anything up to about 6 weeks, although it is the family courts quiet time of year!

However one ex and one ex MIL still havn't filed statements, ordered 12weeks ago, but then they always did think they were a law unto themselves so if they are going to seriously appose our application then we will ask that they only be given one/two more weeks to file.

so at most we hope we are only a few weeks away which will be a total of about 5 months from start of application to finish.

Incidently Cafcass have only recommended indirect contact! which even we were surprised at, good job we didnt offer any return visits for contact as a sweetener as it looks like it wont be neccessary

We accepted an offer on our house today after only three weeks on the market, so someones looking after us at the moment or just might be we aren't the wicked, brainwashing, spiteful people we have been made out to be and the Karma, what goes around comes around, is finally happening for us

will keep you all posted

Eve xxxxx
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Old May 20th 2008, 8:27 pm
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Default Re: finally - the final hearing

Originally Posted by BethandAndrew
FANTASTIC NEWS EVE!!!!!!!!!!!
The Judge usually goes with the recommendations made in the Cafcass Officer's report........so it's looking good for you now hun
Really pleased for you...........will be thinking of you in Court
Beth x x
Thanks I expect I will be quaking in my boots but wont let them see that will be holding my head high knowing that we are good parents and this is the right thing for us to do.

eve xxx
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Old May 20th 2008, 10:13 pm
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Default Re: finally - the final hearing

Originally Posted by eve209
got the Cafcass report and it recommendsd RMJO



half way there!!!


eve
Thats a hell of a good start

Be prepared to be asked about schools, lifestyle for the kids etc (you may not be asked but looks good if you have answers prepared just in case).

If the others haven't fiiled their statements, then they've lost their opportunity to have their say really. Having said that OH's ex had a habit of missing her filing date then filing literaaly a couple of days before the hearing, so be aware of that one!

Very best of luck, you're probably more than half way there now
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Old May 20th 2008, 11:09 pm
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Default Re: finally - the final hearing

Originally Posted by NikiL
Thats a hell of a good start

Be prepared to be asked about schools, lifestyle for the kids etc (you may not be asked but looks good if you have answers prepared just in case).

If the others haven't fiiled their statements, then they've lost their opportunity to have their say really. Having said that OH's ex had a habit of missing her filing date then filing literaaly a couple of days before the hearing, so be aware of that one!

Very best of luck, you're probably more than half way there now
Good luck Eve. Congrats on the house offer... sounds like it's all just coming together for you at the right time...

Remember, that judge is still just a bloke, who wears undies like we all do, so don't be too nervous. And you'll be ok. Beth's advice is bang on.... you'll be fine.
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Old May 21st 2008, 11:18 am
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Default Re: finally - the final hearing

Originally Posted by TiddlyPom
Good luck Eve. Congrats on the house offer... sounds like it's all just coming together for you at the right time...

Remember, that judge is still just a bloke, who wears undies like we all do, so don't be too nervous. And you'll be ok. Beth's advice is bang on.... you'll be fine.

Thanks for that, now all i will be able to think about is the Judges Undies and if they are anything like mine I might just get a fit of the giggles

eve x
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Old May 22nd 2008, 5:02 pm
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Default Re: finally - the final hearing

:curse::curse::curse:

That feels better.

Ok well it wasn't sorted out today as we had hoped, eve's ex didn't turn up but mine did. Her solicitor is an absolute w**K**. They are trying to use the fact that eve has never been to Australia, they don't know how much money we have to support ourselves???? (they are in for a shock there 5 years ago we had two houses now we have one that we have just accepted an offer on ) they are just "dolites" scroungers of society, waiting for their next dole cheque.....glad I got that off my chest and they think the Caf Cass report is wrong

So we have to go to an all day full hearing now, and we are going to have to get legal representation this time because I think she will have a barrister because she can with legal aid :curse::curse:.

I was really hoping to get it sorted today because my job come to an end at the end of August... I have been offered a new position but they want me to sign a years contract

I think I will need a bottle or two tonight, I just hope this is all worth it.

I'm sure eve will come on later and explain better than I do
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Old May 22nd 2008, 6:46 pm
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Default Re: finally - the final hearing

ARRRRRRRRRGHHHHHHHHHHHH

Who do they think they are? these absent parents who don't see their kids for years, pay no maintenance, have no job, dont go to parents evenings, slap their kids about, have them taken away, then they got the nerve to oppose us moving with the OH Son who will be almost 15 when we intend to go.

As Edie says the OH's ex's solicitor is a slimey slippery BANKER! he picked up the following

says cafcass have not done a proper report because she has not fully considered the welfare checklist, duh! she hasn't titled each item on the checklist but all of it has been covered, even a monkey can work that out, but apparently not all solicitors, also says that she hasn't addressed the risk and safety aspects of such a move, well she has and has stated that she doesn't think there are any.

Then he wittles on about the fact that none of the children have been to OZ so how can they know what it is like, and that I have not been to OZ so how can I know what it is like think I am old enough to make that choice without their assistance/interference and that we have said that it would be strange moving to a new country well its not going to feel like a normal day in the life of edie and eve 209 now is it

Now we have been given 7 days to provide the OH ex with copies of our bank statements, mortgage statements, and savings bonds, we can blank out the account numbers but I think it is an infringement of our civil rights to have our personal details made available in this way. The judge would not entertain confirming our solvency to them instead. so will have to phone bank/building society and put passwords on everything. But like Edie says I think they are in for a shock we are planning on making £20k available for the which would see us through two years if we didnt get jobs, unlikely I think. and then we plan to invest more than 100k for a deposit for a house one day, Ummmm do we think that will be enough

Then the t****r starts banging on about the fact that Edie has no job to go to, well he aint got no job here after august and probably got more chance over there as his profession on the skills shortage list.

What a complete waste of tax payers money, this lazy good for nothing so called mother has subjected her child to years of neglect and good old slappings, never done a full days work in her life and is fast approaching her late 30's, the SS recommended that she have two hours per month if the OH son wanted it, so even is he did want to see her which he certainlt does not this would equate to a total of 36 hours up until he is 16, well we could just get that over and done with this weekend

OOOOOOOHHHHHHHHHHHHH I am a tad MAD
shame she didn't put this much energy into actually being a good mum!!!!!!!

Oh yeh and the daft man said that she was extremely concerned that we did not have any family or friends in Oz for support or help if anything untoward should happen!?!?!?!?!?!?!?!?!? maybe a should start a thread who wants to be our friends in brisbane?

Oh I think I got most of it off my chest now!

Now I going to crack open a nice bottle of australian white with the OH and forget she exists for a wee while or do you think I should ask her if thats OK first!

Help me before I go insane with frustration, still think we will get the RFJO just got to get the gloves off now to get it

eve xx
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Old May 22nd 2008, 8:10 pm
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Default Re: finally - the final hearing

Originally Posted by eve209
ARRRRRRRRRGHHHHHHHHHHHH

Who do they think they are? these absent parents who don't see their kids for years, pay no maintenance, have no job, dont go to parents evenings, slap their kids about, have them taken away, then they got the nerve to oppose us moving with the OH Son who will be almost 15 when we intend to go.

As Edie says the OH's ex's solicitor is a slimey slippery BANKER! he picked up the following

says cafcass have not done a proper report because she has not fully considered the welfare checklist, duh! she hasn't titled each item on the checklist but all of it has been covered, even a monkey can work that out, but apparently not all solicitors, also says that she hasn't addressed the risk and safety aspects of such a move, well she has and has stated that she doesn't think there are any.

Then he wittles on about the fact that none of the children have been to OZ so how can they know what it is like, and that I have not been to OZ so how can I know what it is like think I am old enough to make that choice without their assistance/interference and that we have said that it would be strange moving to a new country well its not going to feel like a normal day in the life of edie and eve 209 now is it

Now we have been given 7 days to provide the OH ex with copies of our bank statements, mortgage statements, and savings bonds, we can blank out the account numbers but I think it is an infringement of our civil rights to have our personal details made available in this way. The judge would not entertain confirming our solvency to them instead. so will have to phone bank/building society and put passwords on everything. But like Edie says I think they are in for a shock we are planning on making £20k available for the which would see us through two years if we didnt get jobs, unlikely I think. and then we plan to invest more than 100k for a deposit for a house one day, Ummmm do we think that will be enough

Then the t****r starts banging on about the fact that Edie has no job to go to, well he aint got no job here after august and probably got more chance over there as his profession on the skills shortage list.

What a complete waste of tax payers money, this lazy good for nothing so called mother has subjected her child to years of neglect and good old slappings, never done a full days work in her life and is fast approaching her late 30's, the SS recommended that she have two hours per month if the OH son wanted it, so even is he did want to see her which he certainlt does not this would equate to a total of 36 hours up until he is 16, well we could just get that over and done with this weekend

OOOOOOOHHHHHHHHHHHHH I am a tad MAD
shame she didn't put this much energy into actually being a good mum!!!!!!!

Oh yeh and the daft man said that she was extremely concerned that we did not have any family or friends in Oz for support or help if anything untoward should happen!?!?!?!?!?!?!?!?!? maybe a should start a thread who wants to be our friends in brisbane?

Oh I think I got most of it off my chest now!

Now I going to crack open a nice bottle of australian white with the OH and forget she exists for a wee while or do you think I should ask her if thats OK first!

Help me before I go insane with frustration, still think we will get the RFJO just got to get the gloves off now to get it

eve xx
Right, first off you contact some agencies in Brisbane, explain the situation to them and ask them to review edie's cv & give you an idea of employment prospects and salary expectations on an email for you to take with you to court.

Then you go to www.ato.gov.au and complete the simple tax calculator which will give the judge an idea of edie's takehome pay based on the salary guide you've been given.

Then you go to www.realestate.com.au and print off some properties that are in your price range for the take home that you have got. You also print off some mortgage calculator guides which show how much mortgage you can get, and print off some homes within your price range to buy.

Don't blank out the account numbers from your statements, cut them out - that way you know that they are safe, but still get the passwords put on your accounts. If they ask why, just tell them that its personal data protection.

The banker is clutching at straws - if she bitch would get 36 hours contact at 2 hours a month I'm guessing he's around 14 now, and thats certainly old enough for cafcass to take his view into account.

We'll be your friends in Brisbane God knows we appreciate what you're going through

Oh, but first, foremost and most important of all, you go and get that bottle open!
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Old May 22nd 2008, 8:29 pm
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Default Re: finally - the final hearing

Tell it to me straight, girl!

Am now sat infront of laptop with the all important bottle of wine! and straw, hic!

Some good advice there, have done some of it but i'll definately follow the rest of your advice.

I am sure you are right he just clutching at straws, getting desperate and thinks he and his bitch can bully us, but I gonna get our BIG BAD SOLICITOR on the case and then we'll see how big his balls are

take care my new friend

eve xx
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Old May 22nd 2008, 8:49 pm
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Default Re: finally - the final hearing

Originally Posted by eve209
Tell it to me straight, girl!

Am now sat infront of laptop with the all important bottle of wine! and straw, hic!

Some good advice there, have done some of it but i'll definately follow the rest of your advice.

I am sure you are right he just clutching at straws, getting desperate and thinks he and his bitch can bully us, but I gonna get our BIG BAD SOLICITOR on the case and then we'll see how big his balls are

take care my new friend

eve xx
Sorry! I get rather blunt when I'm wound up, and exes like that reeeeallly wind me up :curse:

When they reach the point of being pedantic about whether the cafcass report follows each point and spells it out as such, they're getting desperate. Doesn't make it any less frustrating for you though.

Get your solicitor on them, and have those balls fried for breakfast on the barbie
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Old May 22nd 2008, 8:55 pm
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Default Re: finally - the final hearing

Hi Eve,
Great advice from Nikil
The Judge asked me if we knew anyone in Oz for support........and I told him we have several friends from this forum who keep me regularly updated on the job vaccancies for hubby, rental situations, school activities and just general day-to-day news. Also mentioned how most of them were originally from UK and were more than happy to assist us on our arrival in any way they could. He was more than happy with this.
I think asking to see your financial situation is a bit below the belt though. Could you get your bank manager to just write a quick letter on headed paper confirming your current balance instead? I'm sure this would be acceptable by the Judge and shut the ex's up!!!!
None of us have been to Oz before........so we had to say how much research we had done over the years, on the internet for example, and had answered all of our initial queries by joining this forum and talking to real people who already live in Oz.
I also explained that the decision to emigrate was made as a family and all of the children were involved from the very beginning........and we had attended several UK meet ups to meet other families emigrating to Oz. This made the children feel part of the process and realise there are other children who are going to have to make new friends and attend new schools in Oz. This helped them tremendously to understand the emotions connected with the big move.
I also had a full day for the final hearing........but was only in there for the morning session in the end!!!
I was in a bit of a panic on the day of court.......as my solicitor had never done a RFTJ case before so I had to do all of the researching to write my court statements out for the Judge. She just got her secretary to print the pages on her headed paper!!!!
Also my Barrister had only ever done one RFTJ case before mine.......he was acting for the father to prevent a child from emigrating......and won
So all in all......I had my doubts on the day. But the Judge went with the Cafcass report and everything went in my favour.
The Judge will have to be 100% sure that he has covered all bases regarding the childrens' welfare, educational needs, medical requirements (if any), emotional needs, etc etc......so if it means another day in court, so be it. The Judge just doesn't want the other party to be in a position to appeal his decison....so is completely covering every aspect he can to prevent this.
Good luck hun......and stay strong,
Your other friend.....LOL
Beth x x
Get your migration agent to write you a letter stating your chances of getting your visa, job prospects in Oz, and how far advanced through the visa process you already are......Judge certainly couldn't argue with these facts when he read my letter.
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Old May 22nd 2008, 9:26 pm
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Default Re: finally - the final hearing

Thanks Beth, some more realy good info and advice, looks like I wll be busy next week!!!!

We have some friends in Albany creek No' 3 and 4!!!!! and think we will ask the schools around that area about enrolling our kids in paticular eldest who has learning probs, as thats another area they are picking about, we have had his school state in the cafcass report that we are excellent parents and have excellent understanding of his special needs and hey have no doubts that we could provide for all his educational needs, but she is trying to insist that the have him enrolled before she will allow him to move.

Thank you for being my other friend and the sound advice you have been giving me.

eve xx
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