dolphinz

Hi everyone

I considered 6 years ago to migrate to Australia, but my lawyer advised me that if the childrens father had access he could object and stop the children and I from moving to OZ. Their father made it abundantly clear he'd do anything in his power to stop us going. So I gave up before I even started.

His name is on the birth certificates, but we never got married.

I went for a second opinion and legal advice last year, and now that the both children are 15 and 13, and he's took nothing to do with them pretty much for the last 3/4 years, never in all their lives had a penny child support and was told he won't have a hope in hell of stopping me now they're both 12+.

Has anyone faced this kind of obstacle before, when trying to move to Australia? I don't want to start fighting a losing battle.

Also, would I need a family lawyer for this? Or do migration agents deal with these problems when they occur?

Many thanks
Angela

badassbrickie

Hi we went to court to remove my children age 4 and 8 from th uk, we won permission but had to give details in of the move. we used a solicitior except for court when they provided a barrister for the day.

with children over 10 they ask thier opinion , which will probably be a cafcass officer, they interview our kids also for this.

if you need any advise pm me.
good luck

edie209

Oh yes sounds very familiar, I am edie209's OH

I have three children father not seen for four years.

OH has one child not seen mother for 2 1/2 years.

No one pays any maintenance and neither take up contact as defined in contact orders.

Saw cafcass last week and they saw children last night up shot is

They will recommend RFJO for all four children, ages 14, 12, 10 and 7 said the kids were well rounded stable children obviously very excited to go none wanted to see other parents and it is cafcass opinion that we should be able to live wherever we want.

Of course we still got to go back to court but hopefully IF the other parents dont turn up the judge will make the order there and then in two weeks time.

We have not used a solicitor but represented ourselves, not recommended usually but didnt want to waste any more hard earned cash on solicitor fees, cost us 175quid for the application.

If you want any help or info dont hesitate to ask

good luck

eve 209

dolphinz

Hi Badassbrickie. I've sent you a pm, thanks.

Hi Eve -

Thanks for your reply also. Would I start and submit my Expression of interest first get the visa or have I to get the permission/go to court first before applying for a Visa.

I just don't know where to start or who to go and see to get this process started.
http://www.cafcass.gov.uk/about_cafc...organised.aspx
I dont know if it's my browser but when I try to read cafcass site errors keeping coming up, but can see from some pages, it covers courts for England only.

Also, my 15yr old has her exams this time next year. I'm not sure if I should hang fire and time migration until after her exams, and just go for it and she can do her exams in OZ. What do you think ?

Thanks,
Angela

NikiL

Its possible that if the other parents don't turn up that they judge may defer it to another hearing. This actually isn't for the other parents benefit necessarily, but is more likely in case the other parent tries to change their mind and try and take it to a high court to overturn the original judges decision.

I hope that it isn't deferred (we're self representing as well, fun isn't it!) but just be aware if it is that it isn't necessarily for negative reasons.

Glad to hear cafcass went well

JoanneG

Hi there

Represented myself 2. Solicitors costs way to high for the process. Cost me £200 for a specific issue order. Father never had contact. Process lasted approx 6 months. Had a few hearings but got full permission. Dad (and i use the term lightly) turned up for all hearings except the final hearing. Another hearing was set for him to attend but i was excused. I started process asap PM me and i will give you further details.

Have looked into education and you study for totally different quals in Oz and dont think they will mean much when ur over there she would be better to get there get in school and aim for HSC finishing at 18. They dont do A Levels.

Good luck everyone

Joanne

P.S if parent does have contact they may ask you to contribute towards flights back over etc...

JAJ

Take a look at the wiki article:
http://www.britishexpats.com/wiki/Ch...an_Immigration

Does the father have parental responsibility? (through agreement or order)?

dolphinz

Thank you JAJ

I've tossed and turned and can't sleep at the prospect. Both kids were born before May 06.

He took me to court nine, ten years ago for an access contact order. He was granted the three out of 4 weekends, Easter, summer, Christmas and other holidays that he'd requested. Furthermore, once realising he couldn't manage every three weekends out of four, he took me back to have it reduced to , two weekends out of four.

Since then, he's pretty much, not bothered his backside, took them for 4/5 hours on a Saturday, and for a short period of time, he did managed about a years worth of taking them now and again at the weekends and holidays. That was over four years ago, and since then, it's been...turn up at the door on birthdays and Christmas with a envelope of money, making promises he can't keep and getting the kids upset. They're pretty much sick of his cack, and at 13/15 they realise themselves what a twat he is.

dolphinz

Also, I forgot, years ago....say 6/7 years ago...the kids and I went to Australia on a 3 month trip, and he did try to stop the oldest from going ( she was born Oct 03, the other one Nov 05 )

At the airport, we were refused to go on the plane, as there had been a stop on the oldests passport.

The scene was like something out of a movie. The kids crying at the window looking on at the big plane they'd just been told they weren't allowed to go on. I rang their father up, freaked out, he rang his lawyer+immigration, immigration faxed something threw to the airport, and pretty much was told if the fax didn't arrive by the time our suitcases were removed from the plane, we couldn't board the flight.

Luckily, the fax came threw and we were able to get on the flight. But it did cause quite a stir. The passport rejection must have filtered all the way threw the system to the stop over airports, and each time we changed a flight we were address with the same problem.

Oh Mamma Mia

dolphinz

My last post must've have been approved or I'm to tired and cookies need cleared.

Thanks JAJ for the link.

edie209

Huge amounts of fun this self representing lark!

Thanks for your advice, we were aware that the judge may defer to enable other parents to file statements and another chance to turn up, but they have told cafcass that they wont appose further if the kids are absolutely certain that they want to go, cafcass are totally on our side and said they will include in their report that they dont think the case should be delayed any further and that a decision should be made asap, hopefully if it is delayed it will only be for the next available date, at most 6 six weeks, bloody frustrating though

We are not looking forward to the final hearing if it goes that far, OH ex solicitor is a right little weasle ( polite term ) and he will just go on and on just for the sake of it oh and yes to earn a little more money from us tax payers, the OH ex on legal aid so doesn't have to worry about the bill.

My Ex has told cafcass that he wont be getting a soliciot as its too expensive and he has consulted a couple and they have told him he has got a hope in hells chance in stopping us

We are pretty confident that we will get the order, its more a matter of time and going through the motions.

I think UK family proceedings should be changed as the whole process for mums and dads alike is a farce, its like having to play an emotional game, think I will write to my MP and the PM expressing my views maybe start a petition, and campaign for a better family court system maybe i am getting a bit carried away but the letters would be a good idea.

From what i can gather anyone wanting to remove a child particularly one over the age of about 10 who doesn't see the other parent shouldn't have too much of a problem, like i say though you have to be prepared for the stress and to go through the motions.

eve 209

JAJ

I cannot suggest anything better than speaking to a family law practitioner where you live (Scotland?).

Courts will generally listen to children of teenage years. Once they turn 16 then his permission or otherwise is irrelevant.

But do you qualify to migrate anyway? No point spending energy on this issue if not.

eve209

You have to have permission for the kids at the point a decision is made for your visa, in our case we waited until we filed our application for Visa before applying to the courts but other people have done it well in advance, its all a matter of timing. some cases can take months even years so i have heard but our hopefully will take no longer than about 4 months, it all depends on your personal situation, if you want, PM me with a bit more detail and i will see if i can help you further, however i am not a solicitor!

eve

edie209

OMG that sounds like a complete nightmare! I think we will check with the passport office before we go just in case the other parents have put a stop on anything,,,,,,god forbid

eve 209

dolphinz

Hi JAJ

So far, as what your previous link stated, there's not many agents that are familiar with the problem, and none of yet have been able to advice me as such. I've discovered the family court is in Glasgow and will seek out a family law lawyer.

As far as qualifying is concerned. I would initally like to keep a foot back in the door with my properties in the UK are concerned, give it a year or two, all being well, appoint a lawyer to sell them all up for me. If push comes to shove, I will sell them all up to finance my way to a better life. All points tests, varied ones on line so far without the financial commitments included are coming back at 120+