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-   -   Consent to remove....... (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/consent-remove-699379/)

smiling4 Jan 5th 2011 8:00 pm

Consent to remove.......
 
Hi all

It's been a very long time as some of you will be aware, since I last asked an immigration question......well yes I'm still here and hopefully a little bit further forward than previously!

I know this has been a question or similar circumstance for many that has popped up over the years of me being on BE, but due to some recent movement, I just wondered what peeps answer might be to my question.

We are about to seek consent from EX to remove children from the UK (briefly they have not had contact for 5 years) - I am more concerned about this than my OH or the children aged 14 and 12.
Would you contact directly, or get a solicitor to contact due to the forms etc needing to be certified. Or would it be possible to ask a police officer to certifiy???

Many thanks in advance ;):starsmile:

Ems x

colonel Jan 5th 2011 8:12 pm

Re: Consent to remove.......
 

Originally Posted by smiling4 (Post 9079961)
Hi all

It's been a very long time as some of you will be aware, since I last asked an immigration question......well yes I'm still here and hopefully a little bit further forward than previously!

I know this has been a question or similar circumstance for many that has popped up over the years of me being on BE, but due to some recent movement, I just wondered what peeps answer might be to my question.

We are about to seek consent from EX to remove children from the UK (briefly they have not had contact for 5 years) - I am more concerned about this than my OH or the children aged 14 and 12.
Would you contact directly, or get a solicitor to contact due to the forms etc needing to be certified. Or would it be possible to ask a police officer to certifiy???

Many thanks in advance ;):starsmile:

Ems x

Hello again !...A couple of questions for you:

Does your ex have parental responsibility ?
If yes, is your ex likely to consent to removal ?

smiling4 Jan 5th 2011 8:18 pm

Re: Consent to remove.......
 

Originally Posted by colonel (Post 9079995)
Hello again !...A couple of questions for you:

Does your ex have parental responsibility ?
If yes, is your ex likely to consent to removal ?

yes he does and yes we know we have to have some form of consent, even though potentially at this stage it is a temp removal.......as the relationship is nil, between myself and him and the children and him...... I just wondered whether worth doing directly via the solicitor, which seemed a bit more forceful, or trying to talk to him directly, the softer approach......but based on this even if he consented at that moment in time, is it possible that his opinion might change by time, we got forms signed and certified? As would need to get them cert'd through the official route.....:confused: I know this is a question that cannot be answered, but just thought would ask general opinion as to which would be the lesser of the two evils, so to speak! :thumbup:

Ems x

colonel Jan 5th 2011 8:26 pm

Re: Consent to remove.......
 
Personally, I would just get the solicitor to issue the forms for signing. Bear in mind that the forms will need to be certified.

smiling4 Jan 5th 2011 8:30 pm

Re: Consent to remove.......
 

Originally Posted by colonel (Post 9080027)
Personally, I would just get the solicitor to issue the forms for signing. Bear in mind that the forms will need to be certified.

yeah that's what I thought....LOL!! Thanks :fingerscrossed:

katsmajic Jan 11th 2011 11:57 am

Re: Consent to remove.......
 
I traced my ex, sent a pre written stat dec that all he had to do was sign/get certified etc, put in a letter it was for the kids best interests and he would not hear from me again...also included a stamped addressed envelope, not to my address tho.
He had it signed/certified at the courts and back to me in 2days - made me a little sad he didnt think twice about signing away his kids, didnt even write a note in the reply envelope.

smiling4 Jan 11th 2011 3:08 pm

Re: Consent to remove.......
 

Originally Posted by katsmajic (Post 9093009)
I traced my ex, sent a pre written stat dec that all he had to do was sign/get certified etc, put in a letter it was for the kids best interests and he would not hear from me again...also included a stamped addressed envelope, not to my address tho.
He had it signed/certified at the courts and back to me in 2days - made me a little sad he didnt think twice about signing away his kids, didnt even write a note in the reply envelope.

Now that could be a cheaper way! Would have to send to his work as not sure where he lives anymore! Thanks Ems x

darrenandkelly Jan 11th 2011 11:22 pm

Re: Consent to remove.......
 
Hi
Today we got devastating report from cafcass recommending refusal of leave to remove. It's our final hearing next week and am feeling awfully sick because I've heard that a judge rarely goes against a cafcass report.

Feel dreadful of the possibility of being forced to live somewhere I don't think home!

Help anyone?????

K.






Originally Posted by colonel (Post 9079995)
Hello again !...A couple of questions for you:

Does your ex have parental responsibility ?
If yes, is your ex likely to consent to removal ?


coolerkingcooler Jan 12th 2011 3:44 am

Re: Consent to remove.......
 

Originally Posted by smiling4 (Post 9093367)
Now that could be a cheaper way! Would have to send to his work as not sure where he lives anymore! Thanks Ems x

Hi,
I am sure that over the last two years, I have read posts that say that they were able to get away without consent from the parent when they showed they had exhausted all ways possible to find them.

Most posts I have read on here have said it is best to find the absent parent and usually quicker.

Sorry for not finding the posts, but they will be there if you spend a few hours using the search function.

Best wishes,
Cooler

smiling4 Jan 12th 2011 7:08 am

Re: Consent to remove.......
 

Originally Posted by darrenandkelly (Post 9094466)
Hi
Today we got devastating report from cafcass recommending refusal of leave to remove. It's our final hearing next week and am feeling awfully sick because I've heard that a judge rarely goes against a cafcass report.

Feel dreadful of the possibility of being forced to live somewhere I don't think home!

Help anyone?????

K.

Hi sorry I don't have any answers - do you have CAFCASS reason for the refusal? Not knowing your circumstances, but I would imagine you provided all the info, that is recommended ie schools, circumstances etc etc........hope someone can come up with something for you. Good luck in court Ems x


Originally Posted by coolerkingcooler (Post 9094854)
Hi,
I am sure that over the last two years, I have read posts that say that they were able to get away without consent from the parent when they showed they had exhausted all ways possible to find them.

Most posts I have read on here have said it is best to find the absent parent and usually quicker.

Sorry for not finding the posts, but they will be there if you spend a few hours using the search function.

Best wishes,
Cooler

Yeah in the years I have been on here it has generally been the better option I think. Initially we will be on a temp visa, which may be of help!? Thanks for your post Ems x

Mazza12 Jan 12th 2011 8:02 pm

Re: Consent to remove.......
 

Originally Posted by smiling4 (Post 9080008)
yes he does and yes we know we have to have some form of consent, even though potentially at this stage it is a temp removal.......as the relationship is nil, between myself and him and the children and him...... I just wondered whether worth doing directly via the solicitor, which seemed a bit more forceful, or trying to talk to him directly, the softer approach......but based on this even if he consented at that moment in time, is it possible that his opinion might change by time, we got forms signed and certified? As would need to get them cert'd through the official route.....:confused: I know this is a question that cannot be answered, but just thought would ask general opinion as to which would be the lesser of the two evils, so to speak! :thumbup:

Ems x

Hi Ems
Just to stick my tuppence worth in....... I think it depends on what kind of relationship you have with your ex. I am on talking terms (bordering on being civil but not quite!) with my ex and decided to approach him directly and explain to him waht I needed and ask him to write a letter of consent. Surprisingly he agreed and went to his lawyer to get the letter and his passport identification page certified. I then got charged £160 for the privilege (which I gladly paid through utter relief!)I think if he'd received communication directly from my lawyer re this he may have dug his heels in hence the reason I opted to contact him directly. Hope you manage to get it sorted. Good Luck!
Mairi x

smiling4 Jan 12th 2011 8:36 pm

Re: Consent to remove.......
 

Originally Posted by Mazza12 (Post 9096554)
Hi Ems
Just to stick my tuppence worth in....... I think it depends on what kind of relationship you have with your ex. I am on talking terms (bordering on being civil but not quite!) with my ex and decided to approach him directly and explain to him waht I needed and ask him to write a letter of consent. Surprisingly he agreed and went to his lawyer to get the letter and his passport identification page certified. I then got charged £160 for the privilege (which I gladly paid through utter relief!)I think if he'd received communication directly from my lawyer re this he may have dug his heels in hence the reason I opted to contact him directly. Hope you manage to get it sorted. Good Luck!
Mairi x

Thanks Mairi.....my OH thinks that he will be ok, however he doesn't know him like I do. Unfortunately we don't have a good relationship, so it may make it tough......decisions decisions!!! Thanks Ems x

darrenandkelly Jan 25th 2011 10:58 am

Re: Consent to remove.......
 

Originally Posted by smiling4 (Post 9096628)
Thanks Mairi.....my OH thinks that he will be ok, however he doesn't know him like I do. Unfortunately we don't have a good relationship, so it may make it tough......decisions decisions!!! Thanks Ems x

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! 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! 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

Mazza12 Jan 25th 2011 7:04 pm

Re: Consent to remove.......
 

Originally Posted by darrenandkelly (Post 9127128)
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! 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! 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

What a stressful time for you. Hope the judgement goes your way and you start to feel better soon. Good Luck karma sent to you! Fingers crossed :fingerscrossed:

smiling4 Jan 25th 2011 8:15 pm

Re: Consent to remove.......
 

Originally Posted by darrenandkelly (Post 9127128)
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! 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! 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

Hoping it all works out!! As easy as it is for me to say try and take some time out to chill......mend yourself!! Got fingerscrossed for you all! Ems xox:fingerscrossed:


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