JenniGee

There's been a thread in the Australia forum, which was basically a person looking for information about what is known as a "Removal From Jurisdiction Order". This is a Specific Issues Court Order covered under the Children's Act, which a parent can apply for to take a child to another country, without the consent of the other parent.

Obviously this is a very emotive issue, but for those who just want the information & don't want to get involved in arguing with strangers over the rights & wrongs of their own personal circumstances, I just thought I'd post a few links here, so that people can access them without having to ask.

I guess the first thing to find out is whether or not your chances of gaining a visa are good - do you qualify? Do you have the points? What are the time scales you are looking at? Given at the moment some people have been advised that there is a wait of 3 years to achieve a visa & then usually with another year after that to validate... add into the mix that under UK law you will not need a Court Order if your child is 16...you might find that if you have a child of 12 or 13, you might ask if it is actually worth the stress & financial outlay of going down the Court route & it might be better to apply for visas for the parents, thus securing your position & then add in the child at a later date.

However, for those with younger children, or for those who need to forge ahead for other pressing reasons (maybe work, or ages against you) here are the links

http://www.familylawweek.co.uk/site.aspx?i=ed24
I know this is heavy going, but it is important to understand the reasoning a Judge will make. Payne vs Payne is THE legal precedent that every Judge has to go by.

http://www.familylawweek.co.uk/site.aspx?i=ed878
This is a discussion article written by one of the country's leading barristers in which is discussed how the removing parent can prove their case, but importantly, what steps the remaining parent can take to try & prevent the child being taken abroad.

http://www.spig.clara.net/
Shared Parenting Information Group which has a lot of helpful discussion & information points to consider.

http://www.cafcass.gov.uk/the_law_ab...residence.aspx
This is vital, because when you are allocated a Cafcass officer, these are the principles that guide them & you must understand where they are coming from.

http://www.childsupportlaws.co.uk/mo...ad-issues.html
http://www.officialsolicitor.gov.uk/os/remo_role.htm
This is information regarding the situation of taking the child abroad, but still having maintenance paid by the non-resident parent.

I hope these help someone & do feel free to contact me. I'm in no way an expert, but will hopefully be able to point in the right direction. I think the most vital thing to remember is that every individual's situation is different & you can not assume that an outcome for one family will be the same as yours. Be prepared for the absolute worst & plan accordingly, then with a bit of luck, you'll get the best outcome for you & yours

Best of luck!

JAJ

I will make the observation that child custody criteria only need to be satisfied when the visa is granted, not at time of application.

NikiL

Agreed. It is however wise to have it fully, formally and legally resolved at the time of application.

JAJ

Sometimes, yes, but not always ... for example, if child is shortly going to turn 16.

AlyZen

Hi JenniGee,

Would you happen to know what the scenario would be for a Brit who happens to be living in the Republic of Ireland? In my case, the child is already outside the jurisdiction of England and Wales...I have sole PR so I haven't breached any rules or the Law. Would it be an Irish Court that I take my case to, to obtain the "Removal from Jurisdiction Order"? The lawyers I have spoken to here in the ROI are clueless, the minute I tell them I've a UK passport they throw their hands in the air and say "You'd need to get a UK lawyer as we only cover Irish law"...bunch of useless leeches they've been...taken my money anyway regardless of the fact they've not given me any service.

Any advice would be greatly appreciated, thanks!
A

Pollyana

I've just posted on the other thread, but I'll add here that its probably an idea to get hold of a good migration agent - personally I'd recommend George Lombard. He posts on here and his contact details are on all his posts

JenniGee

I've PM'd the OP Polly, but I'd agree with you that getting hold of George is probably the best way to go.

I'd add that the solicitors complaining the OP's having a UK passport yet is living in Ireland is probably a red herring.

Though I just had a brainwave...if the OP has sole custody & has had no contact or maintenance from the bio father for years, why not just go for a straight Custody (Residency) Order through the Courts. Then the way is clear for a Removal Order on the grounds that the OP has always been the main carer & the Ex has been already proved not to be involved...?

The trouble seems to be not the OP's situation, just how to get it through the legal system. At least there is no Ex in the picture for her to consider, or for the child to miss after the move.

wookiee06

I believe "Removal from Jurisdiction Order"? should be placed in the junsdiction to where you won the full rightss to the child.

JAJ

Wrong advice ... if you have full rights and no other parent has parental responsibility, you don't need such order.

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

GetmetoOz

Hi, I have a situation and would be greatful for any input...

I was divorced from my daughter's father in 2000, she has lived with me ever since and has not had any contact with him in over 2 years. When she turned 16 in November 2009 she changed her surname to that of her Step-Father via Deed Pole (although we are not yet married he has been in her life for 9 years). My partner is now applying for a 457 and our agent insists we need permission from my ex to take our daughter to Australia.

I do not think my ex will co-operate.

What should I do? Thanks for any help - I feel stuck!

louie

Assuming you are in the UK, your agent is wrong - see the wiki. Your daughter can make up her own mind as to where she wants to live.

JenniGee

That's correct...the child has turned 16 & under UK Law no Court will make an Order in respect of such a child. This needs to be explained to the Case Officer & you should have no problems

wookiee06

You are incorrect there, I know of woman which had full child custody, and when they were mirgrating to the US.

The childs father was able to stop the child leaving the country until she was 16. They fought in the court for two years

Now the child is not allowed leave to the country with out permission of the court.

JenniGee

Hi wookie

You might be confusing having "full custody" (now called sole residency) with parental responsibility. The two things are very different.

Sole residency is exactly that - the child lives only with one of the parents. However, that doesn't prevent the absent parent still having parental responsibility (PR) which is the stumbling block.

Sole residency ONLY gives the resident parent certain limited rights. Critically, you are only permitted to take the child out of the jurisdiction for a maximum of 1 month. If the absent parent has PR, they still retain the right to have a say over where the child lives & it is for this reason that a Court Order is needed.

However, if the absent parent DOESN'T have PR, which is the case for some unamarried parents or when the child is born before December 2003, then the resident parent can choose to take the child abroad without any other permissions.

Hope this helps

wookiee06

they had full "full custody" with full parental responsibility as the guy use to beat the mother up, and was demend upfit.

That is why they were a court battle for two years on this