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Permission to remove - other side not turning up

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Old Mar 23rd 2004, 8:20 am
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Default Permission to remove - other side not turning up

This doesn't seem to have been covered before in the permission to remove threads:

has anybody been to a first hearing where the other side just didn't turn up? Did the court just re-list it for another date? We have sent the application to husband's ex by recorded delivery and have proof of her signature - she hasn't sent acknowledgment back to court so we don't know which way she will be "voting" lol. If she runs true to form, she just won't bother turning up but we are wondering if we still have to go down cafcass route. (kids are nearly 17 and 14 and want to go).

Also, a few people have mentioned court costs. I paid the £90 fee. We are representing ourselves. Am I right in thinking I won't have any other court costs? All the costs other people have paid are for legal representation??????
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Old Mar 23rd 2004, 8:36 am
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Oh s**t...
Surely she can only 'hold up' the process for so long, and then the court will over rule her!
They must know the game she appears to be playing.......I wish I had more sound advise...

maybe it would be worth getting some legal advise on this.....I know its an added expense, but it may put your mind at rest.

Good luck, and stick with it!!
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Old Mar 23rd 2004, 8:49 am
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What a cow, we know all about ex wives. Hope it all turns out well for you.
best wishes
Sarah
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Old Mar 25th 2004, 10:39 pm
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Originally posted by teach
What a cow, we know all about ex wives. Hope it all turns out well for you.
best wishes
Sarah
hi & good luck.
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Old Mar 25th 2004, 10:41 pm
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Originally posted by dolly1
hi & good luck.
Thanks. Have you had your meeting yet?

Ginni
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Old Mar 25th 2004, 11:26 pm
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Default Re: Permission to remove - other side not turning up

In my experience the court will re-list it for another date. Although I don't know how many times they do this as on the third time my defendant/plaintiff showed up !
Hope this helps.
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Old Mar 25th 2004, 11:31 pm
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Yes, unfortunately I think the same! I've looked at the County Court Rules and the judge can either decide in her absence (highly unlikely) or re-list.

When your other side didn't turn up - Had you sent the papers by Recorded delivery? I've also got copy of signed delivery - in the very slim chance this might help us!
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Old Mar 25th 2004, 11:33 pm
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If my memory serves me well I think the Police actually hand delivered it to them !
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Old Mar 25th 2004, 11:34 pm
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rofl!!!!!!!!!!!!!

Assuming it wasn't a permission to remove then. lol

Ginni
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Old Mar 25th 2004, 11:39 pm
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No ! But I guess the court procedure is similar.
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Old Mar 26th 2004, 7:50 am
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Default Re: Permission to remove - other side not turning up

Originally posted by ginni
This doesn't seem to have been covered before in the permission to remove threads:

has anybody been to a first hearing where the other side just didn't turn up? Did the court just re-list it for another date? We have sent the application to husband's ex by recorded delivery and have proof of her signature - she hasn't sent acknowledgment back to court so we don't know which way she will be "voting" lol. If she runs true to form, she just won't bother turning up but we are wondering if we still have to go down cafcass route. (kids are nearly 17 and 14 and want to go).

Also, a few people have mentioned court costs. I paid the £90 fee. We are representing ourselves. Am I right in thinking I won't have any other court costs? All the costs other people have paid are for legal representation??????
I'd just like to add that because of your children's ages, the court will take their wishes into account.

sandy
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Old Mar 26th 2004, 11:19 pm
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Originally posted by dolly1
hi & good luck.
Hi Dolly
I havent been on for awhile have you had the meeting yet? Dunno if you remember or not but i got the order to leave from the courts but it didnt mean jack sh1t, the court order isnt worth the paper its written on and that is very annoying to say that i have been waiting for that scrap of bloody paper for soooo long only to be told by the passport office it isnt worth nowt and wont issue a passport without the fathers consent, ( now why did i go to court)....let me think, oh yes cos the father wouldnt give his consent...even though you have got a court order you cannot use it to apply for a passport it has to be referred to Australia and can take up to 1 month.
I thought sack that idea im off so i brought my daughter over on her british passport and will apply for her australian passport this end. Anyway good luck with court n stuff thats if your ex is still being a pain in the butt....
johanne
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Old Mar 27th 2004, 1:49 am
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Default hi interview

sorry to hear that.
When are you leaving?
I have my interview soon,so we will see what happens,
Dolly X
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Old Mar 27th 2004, 1:55 am
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Hi, firstly, hope everything turns out ok for you.....
Secondly, I'm currently going the court route......I might seem daft asking this, but......when (and if) you get granted a PR visa, and have been granted 'permission to remove' child from Uk by the courts, do you STILL HAVE TO GET FATHERS PERMISSION on another aspect of immigration?
Jeez.....if you do, i'm stuffed again...
Whats the point in spending thousands going through the courts, if it means nothing?
Is it legal to apply for oz passport once you're there? Is there any chance this could be refused?

Cheers in advance...
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