Consent to remove.......

Old Feb 2nd 2011, 9:02 pm
  #16  
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Default Re: Consent to remove.......

Originally Posted by darrenandkelly View Post
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
Any news???

My OH has been and seen the ex today..... think his first response was what if I don't.........he has taken paperwork away with him, along with OH mobile number and said he will be in touch - OH has said he would arrange a mutually neutral solictor for witnessing docs.......so now we begin the next wait!!
Ems x
all round! x
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Old Feb 2nd 2011, 9:08 pm
  #17  
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Default Re: Consent to remove.......

Originally Posted by smiling4 View Post
Any news???

My OH has been and seen the ex today..... think his first response was what if I don't.........he has taken paperwork away with him, along with OH mobile number and said he will be in touch - OH has said he would arrange a mutually neutral solictor for witnessing docs.......so now we begin the next wait!!
Ems x
all round! x
Hey
Nope no news still waiting for decision the wait is a total killer.
Pm me if wanna chat more.
Hang in there!!!!
X
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Old Feb 11th 2011, 6:41 am
  #18  
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Default Re: Consent to remove.......

Originally Posted by smiling4 View Post
Any news???

My OH has been and seen the ex today..... think his first response was what if I don't.........he has taken paperwork away with him, along with OH mobile number and said he will be in touch - OH has said he would arrange a mutually neutral solictor for witnessing docs.......so now we begin the next wait!!
Ems x
all round! x
OK so just to update, no news from ex but in some respects, not surprised......he never was one to be positive and will be delaying to get at me. Trying not to get uptight about it. Have now recorded docs to him.........so how long til we decide to go legal?????? urgh! Ems x
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Old Feb 11th 2011, 4:47 pm
  #19  
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Default Re: Consent to remove.......

Right more news today....and another question.
Ex has agreed to sign consent to remove and stat dec papers with the agreement that maintenance stops. Can anyone confirm how easy this can be done or whether I need to apply to the court for it, or is it as simple as a letter signed and witnessed from the solicitor???????

Ems x
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Old Feb 12th 2011, 12:34 am
  #20  
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Default Re: Consent to remove.......

I think it depends on whether it's a court agreed maintenance payment or whether it's done through the CSA.

My ex was paying through the CSA but since we've been here we've had nothing as the Australian CSA have to get voluntary payments from him via the UK CSA. Obviously thats about as likely as my being Australia's Next Top Model!!

If there's a court agreement then I've been told the Australian CSA can enforce that.

Be aware though that if you want to claim Family Tax from Centrelink you will need to provide all the details to the Australian CSA and let them do their best to chase him for money - otherwise they'll reduce your payments right down. It doesn't matter if the Australian CSA don't get anywhere - they just have to be able to try.
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Old Feb 12th 2011, 11:03 am
  #21  
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Default Re: Consent to remove.......

Originally Posted by Ms_Fi View Post
I think it depends on whether it's a court agreed maintenance payment or whether it's done through the CSA.

My ex was paying through the CSA but since we've been here we've had nothing as the Australian CSA have to get voluntary payments from him via the UK CSA. Obviously thats about as likely as my being Australia's Next Top Model!!

If there's a court agreement then I've been told the Australian CSA can enforce that.

Be aware though that if you want to claim Family Tax from Centrelink you will need to provide all the details to the Australian CSA and let them do their best to chase him for money - otherwise they'll reduce your payments right down. It doesn't matter if the Australian CSA don't get anywhere - they just have to be able to try.
Many thanks Ms_fi........this is through the CSA so hopefully that will be sorted......will look into the family tax, is that something like child benefit?

Many thanks Ems x
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Old Feb 12th 2011, 2:55 pm
  #22  
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Default Re: Consent to remove.......

Originally Posted by smiling4 View Post
Right more news today....and another question.
Ex has agreed to sign consent to remove and stat dec papers with the agreement that maintenance stops. Can anyone confirm how easy this can be done or whether I need to apply to the court for it, or is it as simple as a letter signed and witnessed from the solicitor???????

Ems x
Hi Ems

That's great that he's agreed. My ex just got the solicitor to draw up a stat dec (in the from of a letter) giving his permission for me to remove my son and the solicitor also countersigned the passport photo page. Those were the only 2 papers I sent in my aspplication. However my son is 16 so strictly speaking doesn't require parental permission, I just wanted to cover all bases having heard that some COs are unfamiliar with the law on this. Also I have, as yet, to be granted my visa (hopefully within the next month) so hopefully someone will come along with a more definitive answer.
Cheers
Mairi x
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Old Feb 12th 2011, 4:39 pm
  #23  
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Default Re: Consent to remove.......

Originally Posted by Mazza12 View Post
Hi Ems

That's great that he's agreed. My ex just got the solicitor to draw up a stat dec (in the from of a letter) giving his permission for me to remove my son and the solicitor also countersigned the passport photo page. Those were the only 2 papers I sent in my aspplication. However my son is 16 so strictly speaking doesn't require parental permission, I just wanted to cover all bases having heard that some COs are unfamiliar with the law on this. Also I have, as yet, to be granted my visa (hopefully within the next month) so hopefully someone will come along with a more definitive answer.
Cheers
Mairi x
Thanks Mairi....boys are 14 and 12 - ex just wants confirmation that we won't chase for maintenance when we gone........as we initially going on a 457 hoping it can all be done and dusted by end of March. Good luck with yours Ems xox
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Old Feb 14th 2011, 9:51 am
  #24  
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Default Re: Consent to remove.......

Originally Posted by smiling4 View Post
Many thanks Ms_fi........this is through the CSA so hopefully that will be sorted......will look into the family tax, is that something like child benefit?

Many thanks Ems x
It is yeah - you'd need to have a look at the Centrelink website to see if you'd be eligable on your visa, not everyone is but if you are then it's paid like the UK tax credits (you get more if you're on a lower income).
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Old Feb 23rd 2011, 3:25 pm
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Default Re: Consent to remove.......

Hi All.

I've just come across this forum by accident, but just wanted to tell you my story.

I was given a consent to move by my ex partner to move to Europe. All was going well until they had contact. Without going into to much, he kept the children and made an order to Court for permanent residency. Devastating!! Anyhow, the children were returned to me straight after Court, but he is still fighting for them to return to the UK, and CAFCASS etc are involved.

I know it's probably not relevant for this forum, but I just wanted to make sure you have crossed all the t's and dotted all the I's, as it appears that although permission to remove may be given at this stage, it seems that it is also possible to change this at a later date.

Good luck to you all. Sorry to put a dampner on things.
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Old Feb 23rd 2011, 7:36 pm
  #26  
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Default Re: Consent to remove.......

Originally Posted by midsy View Post
Hi All.

I've just come across this forum by accident, but just wanted to tell you my story.

I was given a consent to move by my ex partner to move to Europe. All was going well until they had contact. Without going into to much, he kept the children and made an order to Court for permanent residency. Devastating!! Anyhow, the children were returned to me straight after Court, but he is still fighting for them to return to the UK, and CAFCASS etc are involved.

I know it's probably not relevant for this forum, but I just wanted to make sure you have crossed all the t's and dotted all the I's, as it appears that although permission to remove may be given at this stage, it seems that it is also possible to change this at a later date.

Good luck to you all. Sorry to put a dampner on things.
thanks Midsy - welcome to BE - hope things improve for you! It is a horrible situation to be in.

Ems x
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Old Feb 24th 2011, 4:03 pm
  #27  
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Default Re: Consent to remove.......

still waiting for ex to confirm paperwork signing!

OH went and discussed again with him yesterday - he says he can see it is a really good move, that he has his own family, so not bothered, BUT doesn't trust me, not to pursue maintenance once we arrive!!! ARGH!!!

I have been to the solicitors today and completed what I need to so just waiting now! I am getting frustrated and know this is what he wants.......so keep your this gets signed soon! Ems x
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