moneypenny20

Whilst I totally understand your predicament and thank god I'm not in the same boat, the advice JAJ has given has been shown in the past to be factual. From what you've said of the 'experts' you've consulted, I'd go with JAJs advice. However that's from my perspective looking in, if I were you, I'd probably be trying to dot all the eyes and crossing all the tees as well. Good luck with it all.

JAJ

In order to consult a solicitor meaningfully you need to:

1. Find an accredited specialist in that area of law (normally); and
2. Be prepared to pay for a professional consultation (quick phone chat won't do); and
3. Receive legal advice in the form of a considered response in writing, giving full consideration to the statutes and case law that apply. That includes dealing with any reasonable questions.

Moobaloo

HI
I found this, i was wondering what people thought about it. UK will let children over 16 go without statdec or removal from juristiction but Australia seem to require this until 18 years old!?

Getmetooz- please keep us informed on how the court forms go as it's not very clear on what to do in these situations, i may be facing the same predicament soon.

JAJ

All Australia requires is that child can legally leave jurisdiction. If that's 16, it should be accepted.

All explained at:
http://britishexpats.com/wiki/Child_...an_Immigration

GetmetoOz

QUICK UPDATE!! Waited 3 weeks from submitting forms for Court date = 1 September. Myself and my partner attended, biological father did not.

Judge ruled that there are procedures to follow, now I have to write a statement to indicate our planned move to Australia/living arrangements/ work/school, etc. to my Ex, my daughter has to write a statement why she wants to come blah blah blah... then we have to attend Crown Court (6-8 weeks!) to receive a decision. We were planning to be in Aus by mid December but at this rate I'm not sure that is possible. We cannot proceed with our Visa application without this Court Order. The fact that she hasn't seen her father NOR WANTS TO counts for nothing. He has had no part in her life for over 2 years, not even so much as a Birthday card.

And not forgetting the job in Aus depends on us going. Our lives are now on hold...

GetmetoOz

GREAT NEWS!!! Court hearing on 08.10.10 - the judge granted our court order giving permission to remove from the jurisdiction PERMANENTLY!!!

Such a relief for us all, visa applications lodged today 12.10.10

Will we be spending Christmas on the beach....

JenniGee

Im really really pleased for you! Still staggered that you've had to go through this, but fantastic all the same.

Where there is a huge difference is that obviously, since you daughter is over 16 the Court have respected the law of the UK & not involved any other agencies & gone ahead & granted consent.

Coz out girls were both under 16 we've had almost 3 years of Cafcass, reports, court hearings.....you name it!

Wishing you the very best of luck

Moobaloo

Congrats Glad it's all over with and you can get your visa application in. Crazy that you had to go through it when your kid is 16 though! I guess if the courts took the case on then the wiki and all info on this site must be wrong.

Why didn't you apply for your visa whilst this was going on? I thought you didn't need leave to remove to apply for the visa just for it to be granted? We have applied but not started the leave to remove process yet as no doubt the visa application will take 2 years anyway. Are you applying for a visa that will take alot quicker?

Jennigee- 3 years!! wow thats tough! i was told by solicitor 6 months would be the longest.

JAJ

The wiki is fact-based and one case where things didn't go to plan does not disprove anything. It's quite common for things to be done in ways that are not in line with the law.

GetmetoOz

457 approved!!!!!!!!

Now to book the flights

Moobaloo

JAJ yes true, however surely solicitors, judges etc should have enough knowledge of this law to be able to just write to the case officer explaining the law rather than make people like getmetooz go through court and the expense of getting a leave to remove order.


GEtmetooz- congratulations :-)) Hope you get all settled in australia for xmas x

JenniGee

Absolutely - I had this conversation with our solicitor & had our legal proceedings gone on for another year, his advice would have been that it would be cheaper to wait & then he would have given us such a letter.

winedonju

Got there in the end though sweets xx xx

darrenandkelly

For all that wish to know....
Well had 2 full days in court..... Cannot express the stress of it! It has been adjourned for judgement so we will receive decision by 11 February if not before! Ex Was so pathetic and threw whopping Strops, spoke to me like shite and was a prat, argued with my barrister, judge and throwing pen down, tutting, pulling faces, acted as though he knew best! So very anxious! Feeling awfully run down now Im unwell with cold, severe bad throat, cough mouth ulcers all due to the come down of adrenalin no doubt! Been a long fight of 5 years and have done all can, we await judge to decide our fate! We apparently have to have a mirror order in place prior to dep if goes our way to satisfy judge? This is going to be tricky by trying to research doesnt look easy or possible.... Advice there be so appreciated! Thanks to all well wishes, couldn't have kept sanity without the support. Our destiny is being decided.....! Pray for outcome to be Australia and I can return home! X