when to start removal from jurisdiction?
Aug 19th 2010, 6:37 pm
#1
Just Joined
Thread Starter
Joined: Aug 2010
Location: UK
Posts: 29
when to start removal from jurisdiction?
Hi
I face going to court to get a court order to remove my 2 children from the jurisdiction as my ex won't agree. He is the biological father of 1 child but has parental responsibility for both. I assume he needs to give permission for both regardless of parentage?
I plan to apply for a 175 visa by the end of the year subject to skills assessment and ielts going ok. Should i apply to the courts for a removal of jurisdication order before or after i apply for the 175? If i waited until the case officer requested that information and then started the court cases, would the visa application be on hold until the court cases were finalised? How long will the case officer wait for that information?
If i lose the court battle and i am refused permission to take my kids to Australia, is there a chance the court would take residency away from me and give it to him?
And also whilst i'm here how long does the removal from jurisdiction take roughly?
Thanks so much in advance
I face going to court to get a court order to remove my 2 children from the jurisdiction as my ex won't agree. He is the biological father of 1 child but has parental responsibility for both. I assume he needs to give permission for both regardless of parentage?
I plan to apply for a 175 visa by the end of the year subject to skills assessment and ielts going ok. Should i apply to the courts for a removal of jurisdication order before or after i apply for the 175? If i waited until the case officer requested that information and then started the court cases, would the visa application be on hold until the court cases were finalised? How long will the case officer wait for that information?
If i lose the court battle and i am refused permission to take my kids to Australia, is there a chance the court would take residency away from me and give it to him?
And also whilst i'm here how long does the removal from jurisdiction take roughly?
Thanks so much in advance
Aug 19th 2010, 11:42 pm
#2
Retired
Joined: Apr 2004
Posts: 34,649
Re: when to start removal from jurisdiction?
Child custody criteria only need to be met when visa is granted. Not when the visa is applied for. Would they hold an application? Probably (you never know) but not indefinitely and we know that rule changes can affect pending applications.
You've told us on another thread that one of your children is 16 so the UK courts may well refuse to deal with any application, as children that age in the UK normally have the right to make their own decisions independently.
As to the other child, depends on age. Older the child, more chance court will listen to the child's view and disregard that of the other parent.
You need to find yourself a good family law solicitor. But do make a point of selecting one who understands the law, not all solicitors do. And you do not want a solicitor who is in any way hazy or unclear about the law and how it works.
Also read:
http://britishexpats.com/wiki/Child_...an_Immigration
You've told us on another thread that one of your children is 16 so the UK courts may well refuse to deal with any application, as children that age in the UK normally have the right to make their own decisions independently.
As to the other child, depends on age. Older the child, more chance court will listen to the child's view and disregard that of the other parent.
You need to find yourself a good family law solicitor. But do make a point of selecting one who understands the law, not all solicitors do. And you do not want a solicitor who is in any way hazy or unclear about the law and how it works.
Also read:
http://britishexpats.com/wiki/Child_...an_Immigration
Aug 22nd 2010, 11:05 pm
#3
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Thread Starter
Joined: Aug 2010
Location: UK
Posts: 29
Re: when to start removal from jurisdiction?
Thanks JAJ so i guess i can start the process after i have lodged the 175, but not to wait around too long as i don't want to have to put the application on hold for too long. The other child is 11 so i assume the court will listen to her wishes, which is to go to Australia but with worries about making friends etc
I have read a lot of old threads regarding this issue and it does seem a lot of people have been given wrong advice by solicitors. I was considering on doing it myself as it would save alot of money (we have no savings for this process so it's going to be really hard) But the ex has a girlfriend who is a solicitor herself and no doubt would be able to find ways of causing delays or worse. what do you think?
I have read a lot of old threads regarding this issue and it does seem a lot of people have been given wrong advice by solicitors. I was considering on doing it myself as it would save alot of money (we have no savings for this process so it's going to be really hard) But the ex has a girlfriend who is a solicitor herself and no doubt would be able to find ways of causing delays or worse. what do you think?
Aug 25th 2010, 11:40 am
#4
Mr & Mrs wannabe in oz!
Joined: Aug 2010
Location: Miles away from home..... Lost!!!!
Posts: 26
Re: when to start removal from jurisdiction?
Thanks JAJ so i guess i can start the process after i have lodged the 175, but not to wait around too long as i don't want to have to put the application on hold for too long. The other child is 11 so i assume the court will listen to her wishes, which is to go to Australia but with worries about making friends etc
I have read a lot of old threads regarding this issue and it does seem a lot of people have been given wrong advice by solicitors. I was considering on doing it myself as it would save alot of money (we have no savings for this process so it's going to be really hard) But the ex has a girlfriend who is a solicitor herself and no doubt would be able to find ways of causing delays or worse. what do you think?
I have read a lot of old threads regarding this issue and it does seem a lot of people have been given wrong advice by solicitors. I was considering on doing it myself as it would save alot of money (we have no savings for this process so it's going to be really hard) But the ex has a girlfriend who is a solicitor herself and no doubt would be able to find ways of causing delays or worse. what do you think?
Aug 28th 2010, 12:07 am
#5
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Thread Starter
Joined: Aug 2010
Location: UK
Posts: 29
Re: when to start removal from jurisdiction?
I am going thru a ltr case right now. firstly you need to have all research etc of your intentions make application and then a first directions hearing will be where they assign cafcass full report and then you are given time to make full statements and then your ex will be given time to respond with his statements and then cafcass will contact you to come see you alone then with children then ex alone then with children also they write their report you then go to another hearing where cafcass report is handed in and then usually depending on full situation willbe a 2 day trial. Hope this helps!
Is the statement different to the big pack of research i have heard people make up with info on schools, employment, contact etc? should i make this research pack before i contact a solicitor? How much do solictors charge for an initial appointment, i expect i may have to see a couple before i find one that i believe can take on the case but if thats going to cost me 200 quid a time i am going to have to delay this process as the 175 application will clean us out until after xmas :-o
sorry for so many questions, it's such a confusing process- i only just got my head round the skills assessment- thanks in advance
Aug 28th 2010, 12:57 am
#6
Retired
Joined: Apr 2004
Posts: 34,649
Re: when to start removal from jurisdiction?
Go and see a few reputable family law practitioners and see what they think about timescales, requirements etc. You do need to be prepared to pay for professional advice. A quick phone call won't do. And if you can't afford to pay for that, how can you afford the much higher cost of migration?
The "ex" may have a girlfriend who is a lawyer but unless she does family law every day, she may not add much value to the process. And from his point of view, having his girlfriend as his lawyer may cause him more problems in the long run.
Is he paying child support?
The "ex" may have a girlfriend who is a lawyer but unless she does family law every day, she may not add much value to the process. And from his point of view, having his girlfriend as his lawyer may cause him more problems in the long run.
Is he paying child support?
Aug 28th 2010, 3:25 pm
#7
Just Joined
Thread Starter
Joined: Aug 2010
Location: UK
Posts: 29
Re: when to start removal from jurisdiction?
Go and see a few reputable family law practitioners and see what they think about timescales, requirements etc. You do need to be prepared to pay for professional advice. A quick phone call won't do. And if you can't afford to pay for that, how can you afford the much higher cost of migration?
The "ex" may have a girlfriend who is a lawyer but unless she does family law every day, she may not add much value to the process. And from his point of view, having his girlfriend as his lawyer may cause him more problems in the long run.
Is he paying child support?
The "ex" may have a girlfriend who is a lawyer but unless she does family law every day, she may not add much value to the process. And from his point of view, having his girlfriend as his lawyer may cause him more problems in the long run.
Is he paying child support?
No he doesn't pay maintenance for the kids. He is only required to pay for his biological child even if he has parental responsibility for my other child too. Which never seemed very fair to me.
Csa tell me his employer says he is off sick so not earning enough to pay me anything. It's a complete lie he works full time and has obviously done some type of deal with his employer.
Does it matter if he pays or not? I was under the impression family law doesn't get involved and doesn't care if he pays maintenance or not? Will it effect the case in my favour?
Aug 30th 2010, 5:49 pm
#8
Dreamin bout Brisbane!!
Joined: Feb 2010
Location: northumberland, uk
Posts: 58
Re: when to start removal from jurisdiction?
Hi all,
we are currently going through the LTR process and are at what i'd say is an advanced stage, we've had directions meetings and filed our respective statements, quite a document of research on our side with full evidence of proposed schooling, employment, child care, contact and trips back to the UK, finances, housing and a whole lot more. Followed by a 4 page response from the other side. We've been allocated a CAFCASS officer and their contact for meeting up is imminant. We weren't aware of the process of the meetings CAFCASS will have with us so this thread has helped a little. THANK YOU, Our child (my step son) has just arrived home from his annual trip to Germany with his bio father, which we encourage, as that is his father's native country, but in a bizaire twist of faite we are flying to Brisbane to spend 4 weeks (give or take) with my wifes brother, meet prospective employers, schools and real estate. The report has to be filed by CAFCASS by Nov 15, to be reviewed in the family court 8 or 9 days later in a 30 min hearing. my wife and I are very nervous about the report as it can make or break our lives in the short term, and we fear that our little fella (8 yrs) can and has been influenced by his father against the move in the past. When asked about going he (9 times out of ten) says he's looking forward to living over there, but when with his dad we feel/fear he will be saying it a lot less often, as he wouldn't want to upset him.
Anyway I'll move on, we are pencilled in for a full day early in Dec, not long before my birthday, xmas and our wedding anniversary........it will all be a tense and emotional time for all involved so watch this space.....
We focused 100% our statement on the benifits of life in Oz for a child as well as how he'd be supported and settle well, we spent months and a lot of man hours researching and discussing how we'd piece it all together before showing it to our, now, legal team......his dad's responce was a short sharp slur upon us as a couple and very little about the child in the middle of all of this. we've spent around a thousand pounds so far and we know it will be doubled or more in dec, but you cannot put a price on your life plans and we will follow it through all the way.
any comments on this are more than welcome from all sides please let us know how your all getting on...
love to all
Graham & Jo Robertson
wishing to be in Brisbane with family some time soon.......
we are currently going through the LTR process and are at what i'd say is an advanced stage, we've had directions meetings and filed our respective statements, quite a document of research on our side with full evidence of proposed schooling, employment, child care, contact and trips back to the UK, finances, housing and a whole lot more. Followed by a 4 page response from the other side. We've been allocated a CAFCASS officer and their contact for meeting up is imminant. We weren't aware of the process of the meetings CAFCASS will have with us so this thread has helped a little. THANK YOU, Our child (my step son) has just arrived home from his annual trip to Germany with his bio father, which we encourage, as that is his father's native country, but in a bizaire twist of faite we are flying to Brisbane to spend 4 weeks (give or take) with my wifes brother, meet prospective employers, schools and real estate. The report has to be filed by CAFCASS by Nov 15, to be reviewed in the family court 8 or 9 days later in a 30 min hearing. my wife and I are very nervous about the report as it can make or break our lives in the short term, and we fear that our little fella (8 yrs) can and has been influenced by his father against the move in the past. When asked about going he (9 times out of ten) says he's looking forward to living over there, but when with his dad we feel/fear he will be saying it a lot less often, as he wouldn't want to upset him.
Anyway I'll move on, we are pencilled in for a full day early in Dec, not long before my birthday, xmas and our wedding anniversary........it will all be a tense and emotional time for all involved so watch this space.....
We focused 100% our statement on the benifits of life in Oz for a child as well as how he'd be supported and settle well, we spent months and a lot of man hours researching and discussing how we'd piece it all together before showing it to our, now, legal team......his dad's responce was a short sharp slur upon us as a couple and very little about the child in the middle of all of this. we've spent around a thousand pounds so far and we know it will be doubled or more in dec, but you cannot put a price on your life plans and we will follow it through all the way.
any comments on this are more than welcome from all sides please let us know how your all getting on...
love to all
Graham & Jo Robertson
wishing to be in Brisbane with family some time soon.......
Aug 31st 2010, 12:38 am
#9
Mr & Mrs wannabe in oz!
Joined: Aug 2010
Location: Miles away from home..... Lost!!!!
Posts: 26
Re: when to start removal from jurisdiction?
Hi all,
we are currently going through the LTR process and are at what i'd say is an advanced stage, we've had directions meetings and filed our respective statements, quite a document of research on our side with full evidence of proposed schooling, employment, child care, contact and trips back to the UK, finances, housing and a whole lot more. Followed by a 4 page response from the other side. We've been allocated a CAFCASS officer and their contact for meeting up is imminant. We weren't aware of the process of the meetings CAFCASS will have with us so this thread has helped a little. THANK YOU, Our child (my step son) has just arrived home from his annual trip to Germany with his bio father, which we encourage, as that is his father's native country, but in a bizaire twist of faite we are flying to Brisbane to spend 4 weeks (give or take) with my wifes brother, meet prospective employers, schools and real estate. The report has to be filed by CAFCASS by Nov 15, to be reviewed in the family court 8 or 9 days later in a 30 min hearing. my wife and I are very nervous about the report as it can make or break our lives in the short term, and we fear that our little fella (8 yrs) can and has been influenced by his father against the move in the past. When asked about going he (9 times out of ten) says he's looking forward to living over there, but when with his dad we feel/fear he will be saying it a lot less often, as he wouldn't want to upset him.
Anyway I'll move on, we are pencilled in for a full day early in Dec, not long before my birthday, xmas and our wedding anniversary........it will all be a tense and emotional time for all involved so watch this space.....
We focused 100% our statement on the benifits of life in Oz for a child as well as how he'd be supported and settle well, we spent months and a lot of man hours researching and discussing how we'd piece it all together before showing it to our, now, legal team......his dad's responce was a short sharp slur upon us as a couple and very little about the child in the middle of all of this. we've spent around a thousand pounds so far and we know it will be doubled or more in dec, but you cannot put a price on your life plans and we will follow it through all the way.
any comments on this are more than welcome from all sides please let us know how your all getting on...
love to all
Graham & Jo Robertson
wishing to be in Brisbane with family some time soon.......
we are currently going through the LTR process and are at what i'd say is an advanced stage, we've had directions meetings and filed our respective statements, quite a document of research on our side with full evidence of proposed schooling, employment, child care, contact and trips back to the UK, finances, housing and a whole lot more. Followed by a 4 page response from the other side. We've been allocated a CAFCASS officer and their contact for meeting up is imminant. We weren't aware of the process of the meetings CAFCASS will have with us so this thread has helped a little. THANK YOU, Our child (my step son) has just arrived home from his annual trip to Germany with his bio father, which we encourage, as that is his father's native country, but in a bizaire twist of faite we are flying to Brisbane to spend 4 weeks (give or take) with my wifes brother, meet prospective employers, schools and real estate. The report has to be filed by CAFCASS by Nov 15, to be reviewed in the family court 8 or 9 days later in a 30 min hearing. my wife and I are very nervous about the report as it can make or break our lives in the short term, and we fear that our little fella (8 yrs) can and has been influenced by his father against the move in the past. When asked about going he (9 times out of ten) says he's looking forward to living over there, but when with his dad we feel/fear he will be saying it a lot less often, as he wouldn't want to upset him.
Anyway I'll move on, we are pencilled in for a full day early in Dec, not long before my birthday, xmas and our wedding anniversary........it will all be a tense and emotional time for all involved so watch this space.....
We focused 100% our statement on the benifits of life in Oz for a child as well as how he'd be supported and settle well, we spent months and a lot of man hours researching and discussing how we'd piece it all together before showing it to our, now, legal team......his dad's responce was a short sharp slur upon us as a couple and very little about the child in the middle of all of this. we've spent around a thousand pounds so far and we know it will be doubled or more in dec, but you cannot put a price on your life plans and we will follow it through all the way.
any comments on this are more than welcome from all sides please let us know how your all getting on...
love to all
Graham & Jo Robertson
wishing to be in Brisbane with family some time soon.......
So so so so so sad!
Stay in touch! I cannot tell u how relieved I am to have found ppl who can relate to my situation. Really is hard. K&D
Aug 31st 2010, 7:07 am
#10
Mr & Mrs wannabe in oz!
Joined: Aug 2010
Location: Miles away from home..... Lost!!!!
Posts: 26
Re: when to start removal from jurisdiction?
All the very best! Sounds just like our situation, daughter 8, bio dad totally refuses and says will do whatever to screw my life up..... Why? Because it's been 5 years since I left and how dare I get married and have more children and want a better life for my family. Wish he'd concentrate his energies on daughter rather than trying to think of next way to get at me.
So so so so so sad!
Stay in touch! I cannot tell u how relieved I am to have found ppl who can relate to my situation. Really is hard. K&D
So so so so so sad!
Stay in touch! I cannot tell u how relieved I am to have found ppl who can relate to my situation. Really is hard. K&D
Thanks guys!
Aug 31st 2010, 3:23 pm
#11
Dreamin bout Brisbane!!
Joined: Feb 2010
Location: northumberland, uk
Posts: 58
Re: when to start removal from jurisdiction?
Hi D & K,
We have proposed that we bring the bairn back for holidays with his bio, and Jo is a nurse so we didn't really go into a great deal of detail, we just provided solid proof that we can earn more and have a better standard of living on Jo's wage alone never mind what i could bring in as a sales manager or just in customer service roles in the city. We mentioned about how we will finance the move and rent for 6 months before purchasing our next home, using the equity we have in the UK home we live in....the figures on wages from jobs were specific but you don't have to air your finances in total, just remember the WHOLE point of LTR is focused on the CHILD/REN not your finances, as long as your honest and true and realistic you'll get your point across.....
We're in exactly the same position with regards the ex husband, its ok that he's re-married, had another child and could up sticks at any time (and would) with his 'top' job, but heaven forbid Jo does the same? she should just dance to his tune years after the divorce and stay where he can float in and out of contact as and when he can be bothered or wishes....
G & J xx
We have proposed that we bring the bairn back for holidays with his bio, and Jo is a nurse so we didn't really go into a great deal of detail, we just provided solid proof that we can earn more and have a better standard of living on Jo's wage alone never mind what i could bring in as a sales manager or just in customer service roles in the city. We mentioned about how we will finance the move and rent for 6 months before purchasing our next home, using the equity we have in the UK home we live in....the figures on wages from jobs were specific but you don't have to air your finances in total, just remember the WHOLE point of LTR is focused on the CHILD/REN not your finances, as long as your honest and true and realistic you'll get your point across.....
We're in exactly the same position with regards the ex husband, its ok that he's re-married, had another child and could up sticks at any time (and would) with his 'top' job, but heaven forbid Jo does the same? she should just dance to his tune years after the divorce and stay where he can float in and out of contact as and when he can be bothered or wishes....
G & J xx
Aug 31st 2010, 6:47 pm
#12
Mr & Mrs wannabe in oz!
Joined: Aug 2010
Location: Miles away from home..... Lost!!!!
Posts: 26
Re: when to start removal from jurisdiction?
Hi D & K,
We have proposed that we bring the bairn back for holidays with his bio, and Jo is a nurse so we didn't really go into a great deal of detail, we just provided solid proof that we can earn more and have a better standard of living on Jo's wage alone never mind what i could bring in as a sales manager or just in customer service roles in the city. We mentioned about how we will finance the move and rent for 6 months before purchasing our next home, using the equity we have in the UK home we live in....the figures on wages from jobs were specific but you don't have to air your finances in total, just remember the WHOLE point of LTR is focused on the CHILD/REN not your finances, as long as your honest and true and realistic you'll get your point across.....
We're in exactly the same position with regards the ex husband, its ok that he's re-married, had another child and could up sticks at any time (and would) with his 'top' job, but heaven forbid Jo does the same? she should just dance to his tune years after the divorce and stay where he can float in and out of contact as and when he can be bothered or wishes....
G & J xx
We have proposed that we bring the bairn back for holidays with his bio, and Jo is a nurse so we didn't really go into a great deal of detail, we just provided solid proof that we can earn more and have a better standard of living on Jo's wage alone never mind what i could bring in as a sales manager or just in customer service roles in the city. We mentioned about how we will finance the move and rent for 6 months before purchasing our next home, using the equity we have in the UK home we live in....the figures on wages from jobs were specific but you don't have to air your finances in total, just remember the WHOLE point of LTR is focused on the CHILD/REN not your finances, as long as your honest and true and realistic you'll get your point across.....
We're in exactly the same position with regards the ex husband, its ok that he's re-married, had another child and could up sticks at any time (and would) with his 'top' job, but heaven forbid Jo does the same? she should just dance to his tune years after the divorce and stay where he can float in and out of contact as and when he can be bothered or wishes....
G & J xx
Appreciate it! So hard isn't it, draining and consuming in every way!
Praying for all of us!
K&D xxx
Aug 31st 2010, 8:15 pm
#13
Dreamin bout Brisbane!!
Joined: Feb 2010
Location: northumberland, uk
Posts: 58
Re: when to start removal from jurisdiction?
Be nice to come across some people that have been through the other side of the trial stage and got a result........... to see what they have to say .... not so much for tips on how to win, but for a few ideas on how they dealt with it all and what goes on.....let me know if you get any developments or you come across someone? I'll IM you with private stuff.
Aug 31st 2010, 8:32 pm
#14
Mr & Mrs wannabe in oz!
Joined: Aug 2010
Location: Miles away from home..... Lost!!!!
Posts: 26
Re: when to start removal from jurisdiction?
Be nice to come across some people that have been through the other side of the trial stage and got a result........... to see what they have to say .... not so much for tips on how to win, but for a few ideas on how they dealt with it all and what goes on.....let me know if you get any developments or you come across someone? I'll IM you with private stuff.
Sep 1st 2010, 11:57 am
#15
Just Joined
Thread Starter
Joined: Aug 2010
Location: UK
Posts: 29
Re: when to start removal from jurisdiction?
Hi Grayam and Jo, good luck with the caffcass report. I have started the research on the move, i can see how it's going to consume me for the next few months! How much information did you get together? Did you have to write a seperate statement too or was this included in your folder of research?
Were hoping to settle in Brisbane too. I am yet to get the 175 lodged but i am hoping to see a solicitor about starting this LTR process soon. Is wise to have the research done before seeing a solicitor?
Darren and kelly so is your main case in December and will that be that or will it go on longer?
good luck to all x
Were hoping to settle in Brisbane too. I am yet to get the 175 lodged but i am hoping to see a solicitor about starting this LTR process soon. Is wise to have the research done before seeing a solicitor?
Darren and kelly so is your main case in December and will that be that or will it go on longer?
good luck to all x
