leave to remove checklist
#16
Re: leave to remove checklist
hi im new here, just thought i would make a post to see if anyone could help me out. im wondering if anyone could help me with a checklist kind of thing for a leave to remove case that im going to start in a few months time as i want to be fully prepared.
my ex wont give permission to take my daughter(nearly 6) to move to the usa so this is the route i have to take unfortunately.
he has not seen her for around 1yr due to his drink/drug problems and violent nature, before that the contact throughout her life was not consistent at all, to the point were my daughter did not even want to go to visit him and his family, but i kept on trying to encourage her. so one day social services called me to inform me of his recent episode and said not to let him see her, even supervised (although i had stopped contact about 6 weeks before as he came round our house drunk and being threatening as he did not want me to take our daughter on holiday to the usa) otherwise they would come down on me as a parent for letting her go with him,(after the last episode i wernt anyway) and that if he wants to see her then he has to go to a solicitor and take me to court to try and get access.
well that was a year ago and he still hasn't bothered going to a solicitor. so hes not really bothered about about seeing her. he is just being spiteful, as this is his only last bit of control he has over me. trust me if my daughter had a great consistent relationship with him and his family i would never move her away from them.
so im due to get married in the summer in the u.s to my fiance (usc), and after then i want to go to court and get the ball rolling with this case, so i have been trying to research all about it, and see that i need to prepare a folder of things with research about where we are moving and how its going to benefit my daughter etc does anyone else whos been through it have some specific things that were needed so i can research it all and print it off?
thanks in advance
my ex wont give permission to take my daughter(nearly 6) to move to the usa so this is the route i have to take unfortunately.
he has not seen her for around 1yr due to his drink/drug problems and violent nature, before that the contact throughout her life was not consistent at all, to the point were my daughter did not even want to go to visit him and his family, but i kept on trying to encourage her. so one day social services called me to inform me of his recent episode and said not to let him see her, even supervised (although i had stopped contact about 6 weeks before as he came round our house drunk and being threatening as he did not want me to take our daughter on holiday to the usa) otherwise they would come down on me as a parent for letting her go with him,(after the last episode i wernt anyway) and that if he wants to see her then he has to go to a solicitor and take me to court to try and get access.
well that was a year ago and he still hasn't bothered going to a solicitor. so hes not really bothered about about seeing her. he is just being spiteful, as this is his only last bit of control he has over me. trust me if my daughter had a great consistent relationship with him and his family i would never move her away from them.
so im due to get married in the summer in the u.s to my fiance (usc), and after then i want to go to court and get the ball rolling with this case, so i have been trying to research all about it, and see that i need to prepare a folder of things with research about where we are moving and how its going to benefit my daughter etc does anyone else whos been through it have some specific things that were needed so i can research it all and print it off?
thanks in advance
I started off representing myself (with the help of a friend who is a lawyer) but very quickly realised that I would need a lawyer who had worked on similar cases. A barrister also had to be retained to represent me in court. It is a complicated process that can be very expensive.
Googling "Leave to Remove from UK" gives you a great deal of information to start with. There is a checklist of points that you need to cover as the parent wishing to remove a child from the UK.
My ex-husband walked into court on the day of our final hearing and gave his permission for my son to leave the UK. The judge made it clear that I was only granted Leave to Remove because I had my ex-husband's permission. The court is only concerned with the welfare and rights of the child(ren). You should seek the advice of a solicitor.