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-   -   Failed leave to remove case, what now? (https://britishexpats.com/forum/marriage-based-visas-35/failed-leave-remove-case-what-now-901265/)

MovingOnUpNow Aug 6th 2017 8:56 pm

Failed leave to remove case, what now?
 
Hi all,

So I'm very new to this site so please be patient if I don't know the jargon yet!

I had joined this site as I was due to move to the Pacific Northwest with my fiancé and our boys next month. For the last year we've been involved in a leave to remove case, for my son to move with us to the USA. However my ex has changed his mind, lied about me and the judge has said I can't go. So any knowledge would be so gratefully received. Does anyone here have any knowledgeable of what to do it a Leave to remove case fails? An appeal seems unlikely so we are looking at going through a second leave to remove case. Has anyone done this twice please? Or do any lawyers on here have any knowledge of these cases being repeated? Many thanks in advance.

ian-mstm Aug 6th 2017 9:49 pm

Re: Failed leave to remove case, what now?
 

Originally Posted by MovingOnUpNow (Post 12310875)
However my ex has changed his mind, lied about me and the judge has said I can't go.

Can you please clarify... who is the biological father of the boys? You suggest it's your fiancé, but then talk about your son. Are there 3 children involved?

Generally, unless you get either permission from the biological father or a court order, you won't be allowed to remove the child from UK jurisdiction. Why didn't your attorney challenge your husband and his lies?

Unless the situation has changed and you can prove the lies, I'm not sure either an appeal or a second LTR action will succeed.

That all said - you, personally, can still leave the UK... but not, perhaps, the children. Most would find that abhorrent - but at least one person did that about 10 or so years ago.

Ian

MovingOnUpNow Aug 6th 2017 9:59 pm

Re: Failed leave to remove case, what now?
 
My ex is father to one boy. The other boy is son of my fiancé and his ex. I realise I need permission, that's why we've been through one LTR case. We are prepared to try again in a year, I just would really like to hear from anyone who has any experience in this area. I won't leave my son, and his dad doesn't want much time or custody of him anyway.

Twinkle0927 Aug 6th 2017 10:36 pm

Re: Failed leave to remove case, what now?
 
Can your fiancé not move to you?

Pulaski Aug 6th 2017 11:05 pm

Re: Failed leave to remove case, what now?
 

Originally Posted by MovingOnUpNow (Post 12310907)
My ex is father to one boy. The other boy is son of my fiancé and his ex. I realise I need permission, that's why we've been through one LTR case. We are prepared to try again in a year, I just would really like to hear from anyone who has any experience in this area. I won't leave my son, and his dad doesn't want much time or custody of him anyway.

Did you start with an LTR case, i.e. not try to get your ex- to agree to you taking your son to the US to live, without going to court?

If an ex-spouse objects an LTR case is almost always going to fail. Honestly, you'd be better off trying to negotiate a deal with the boys father than trying to force the issue through the courts. ..... But if at the end of the day your ex- objects he can likely win any and every LTR case you care to file so long as he has the time and resources to keep on appearing in court.

MovingOnUpNow Aug 6th 2017 11:54 pm

Re: Failed leave to remove case, what now?
 
Fiancé can't move here as he will loose shared care of his son if he does. His American wife will fight for full custody. They're currently 50/50 shared.

ian-mstm Aug 7th 2017 12:30 am

Re: Failed leave to remove case, what now?
 
Just so you know, I've been following this forum and it's antecedent for 20 years - and I can't remember anyone here who has successfully fought against a court order denying LTR. I'm fairly confident in stating that everyone here is (or will be) sympathetic to your situation, but I'm sorry to say that you face a huge uphill battle.

Ian

MovingOnUpNow Aug 7th 2017 8:21 pm

Re: Failed leave to remove case, what now?
 
Thank you Ian, and thank you for your honesty. Yet damn that's depressing news!


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