rach1015

Where is the negativity towards the solicitor come from ? I have only spoke to her on the phone and your insinuating that she in uncapable already because she is being positive? hmm....

silly me for thinking there would be support here

traceym

I am not suggesting she is 'incapable' I am suggesting that you speak to a coupe of Lawyers and get a few perspectives on the matter. You only seem to be hearing what you want to, as they say love is blind, good luck to you.

jeepgirluk

What matters and all the Court will be interested in is the welfare of your children. You will read over and over again that your children have a right to a relationship with their father. If you remove them from the country you are affecting that relationship. It's a huge hurdle to get over without the cooperation of the father(s) and being able to arrange amicable long-distance contact and physical contact after you have moved. No matter what you believe is right for your children, the UK court system may have very different ideas... unless all the fathers give their consent to your move. I believe you will be brought back down to Earth with a bump either after your first legal consultation or at some point during your very long court process to come.

You have probably read various precedent cases including Payne v Payne. Bear in mind that many (but by no means all) of those cases involved one parent (usually the mother) moving back to her home country with her children and not to a completely new country.

Having a solicitor does not mean that you no longer need to research LTR. I had legal representation but still had to do most of my fact-finding and put my own case together. There are few solicitors in England and Wales who deal with LTR to the USA on a regular basis. As someone has already said you really need an expert in this field.

(Mods: I hope it's ok to include this link) This link will give you a comprehensive list of what you need to be able to present to the Court.

http://www.thecustodyminefield.com/LeavetoRemove.html

rach1015

rach1015

thanks hun but i have read this also..

im well aware of the fact its all about the children, if i had a fantastic job, owned my home, had family of my own , and more ties to the uk which gave my children a good life then i wouldnt of taken this road. The fact that i am on benefits and my fiance does own his home and i can make a better life for my children in usa (regradless of my own personel relationships and marriage) i believe the prospects for us as a unit would be of great value to relocate.

I am already putting together my presentation, together with my evidence of job and future income, the comparisons of the schools in my county and the schools in the new county i shall be living in , the calulations of money towards visitation to family in uk , healthcare plans i will be undertaking etc.. the list goes on . ill be spending the day in library tommorrow printing it all up and buying a new ring binder

Google Leave to remove and every link is purple , i have read everything i can find , researched everything into our move .

As i have stated already im not holding breathe, im fully aware of the hurdles i am up against , under no means do i have rose coloured glasses on . I shall see the solicitor on 4th january and go from there, all she has told me is that i am very prepared and organised so i am not " hearing what i want to " as she hasnt said anything!! lol

anyway, any other useful advice is greatly appreciated ( even if it is all negative and undermining as it will only help me cover every crack and flaw)

jeepgirluk

Best of luck to you then.

rach1015

thankyou very much !

lansbury

Hope you get the fathers permission to do so. If not and they make an allegation under Sect 1 Child Abduction Act to police you run the grave risked of being stopped on your way out, or arrested on your way back.

There is a statutory defense to Child Abduction in that you were only away for 4 weeks (28 days) for a holiday. Tread very carefully. Any such action would look bad in a subsequent hearing for LTR. All I can say is if I was the officer dealing with this as you were leaving, and that used to be part of my job, knowing what I know from this thread I wouldn't let the children leave the UK.

lansbury

Most solicitors I have come across in these sort of cases or child abduction cases are at best 50% incompetent.

Go to the Reunite web site http://www.reunite.org and see if she is on their list. If not get a second opinion from one Reunite recommend.

babybyrd

rach i really do not want to be negative and undermining
but when you come on a forum and ask for advice or help you need to be ready to accept stuff you actually dont want to hear ( it happened to me when i started on these and other forums and it hurt but in the long run it helped me)

i am slightly concerned with the paragraph i have quoted above
are you wanting to move to the usa to be with someone you love or soleley to reap a whole lot of other benefits? if i was an official evaluating your application and i read this youd definitely get a refusal from me and if i was your fiancee id be very worried

i appreciate i am reading it (possibly) out of context and i also apologise if it upsets you - but if we amateurs ( no offense meant to teh experienced regs on here) are picking your words and battle plan apart - you can be sure the pros will do so even more

rach1015

Please dont feel asthough id be offended i appreciate all comments completely good and bad , as i stated it will only help me in long run.

I understand that it may have come across wrong ill hold my hands up to that

There is so many reasons i want to go , obviously my number 1 goal is to live happily ever after with my partner but he also understands my position and is supporting me in making more of my life then what i have now for my children and me . He has the link to this thread and reads it when i feel there is something valid he should consider/know/be aware of. We communicate and discuss every aspect of this including the dreaded "what ifs" .

The more i looked into this the more i feel i have so many valid and strong points to going .. i even have started to make dad no 1 reconsider this evening and after a essay he said he would text me later as he had to go to work and wanted to think about "things" .. thats good news!

I know this all may seem very amatuer and unthought of and asthough im going into this with my eyes closed but believe me we havent !

It is purely down to the judges opinion and if you saw my evidence to support my relocation you would understand where i am coming from. I have covered everything down to last penny and amount of visitation, the dads would have more time with the children if i moved then what they get now fgs! I think they are realising my plans are solid and beneficial to the children and how much i love my partner and im hooping that there is a chance i can persuade the fathers before we have to go to court. I am just going to the solicitor to see what there opinion is and to have the legal backing to make sure its all in order and done the right way even if thats with or without the permission .

ian-mstm

Since every bit will help, I suspect that your third guy will be the major stumbling block. Once an abuser, always an abuser. Abuse is about power - and if he has the power to hurt you or control you, he will. That's what abusers do! If he can stop you from removing his child from UK jurisdiction, he will - if for no other reason than he can!

Ian

Picnic

I am not happy that the taxpayers of the UK support the OP by paying for legal aid in what is a domestic matter: LTR.

And I'm not going to start on taking 3 children to the US where their fathers and other family members will have little or no contact with them.....

meauxna

Please let's leave the personal judgments out of it; I know many of you have strong feelings about different parts of this situation.

However, the personal experiences of those who have faced the same immigration situation is what this forum is all about. I know everyone wants to get their two cents' worth in, but let's agree going forward to post with the following in mind:

Forum Usage Guidelines - READ BEFORE POSTING!
The Marriage Based forum is an "information exchange" for members to discuss and share their immigration experiences. Moving abroad is a serious, and sometimes complicated endeavour, and we ask that members (in addition to our site rules) adhere to the following guidelines in order that this section can remain an important and useful discussion resource:

1. Thread Topic - Use a descriptive title when posting a new thread. Titles such as "Help" or "Advice Needed" will get overlooked, and do not offer any hint as to your intended discussion. Try and give brief details of your topic. For example "Marrying US citizen" or "Looking for info on L1 visas" etc.
2. Search first, wiki second, discuss later - Before posting a new thread it might be beneficial to use our search function, or read the wiki, prior to posting your topic. New members frequently ask the same questions over and over again, so by searching first you may find the issue has recently been discussed.
3. Things don't always go as planned - Often we get members who become frustrated when they discover that their "plan of action" is not feasible. In those instances please do not "shoot the messenger" by turning belligerent and argumentative.
4. Thank you goes a long way - If someone has taken the time to discuss, and share their experiences with you then please be appreciative of that and thank them accordingly.
5. Stay on topic - If you wish to participate in off-topic banter/chit-chat please do so in the other forums that are offered for that purpose on this site.
6. We don't walk in their shoes - If someone is offering to share their experiences please do not belittle them, or make personal comments, or judgments, about their situation. It is not helpful to anyone, and only detracts from the discussion at hand.
7. Be respectful - We ask that at all times you treat every member with respect and courtesy.
8. And finally - Any member not adhering to these guidelines will be asked to stop participating in the Marriage Based section of this forum, and if you continue, may be asked to leave the site entirely.


thanks.

rach1015

I know and i think a awful lot of fathers do this to regain power regardless of whether they have contact previous to the ltr process, dont get me wrong im not saying majority of fathers dont comply because they dont love their children but in my case dad 3 has to be forced to see his child , NEVER contributes to her finacially including schools trips uniforms etc and when she has been ill he wouldnt even return phone calls or texts let alone be here for her. My point is its such a shame they have to be like this after the process has started .

I dont think this is very helpful to anyone, it will not be up to me wether i recieve LEGAL AID nor is it my choice to have to claim as i have stated plenty of times the situation im in now not planned nor wanted . To say they will have no contact is rediculous as they will have more when i move then they do now taking into cnsideration staying through summer and other holidays where possible and they see them 4 days a month now and have no contact at all the rest of month . The fact anyone wants to take there children away from fathers is not ideal, i would love to of stayed with my child hood sweetheart and lived a long and happy life with him only but thats not reality (im sure there are those lucky few) . This is how it is and if i could make it ideal in a perfect world i would but it isnt and as meauxna states personel opinions arent excatly what this forum is about as such and as the saying goes " if you have nothing nice to say , dont say nothing" . Constructive critisium excluded .

thanks