kids
Sep 14th 2008, 1:18 pm
#1
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Joined: Aug 2004
Location: huddersfield,west yorkshire
Posts: 8
kids
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i want to emigrate to n/zealand or australia but have 2 children who have a residence order with me (father) i,m guessin i cant take the kids without the kids mother or is there any way around this scenario because she has not seen them in 3yrs and i know she would not give permission even tho she has got to have been the worst mother in history any advice muchly appreciated . sean
__________________ united kingdom
i want to emigrate to n/zealand or australia but have 2 children who have a residence order with me (father) i,m guessin i cant take the kids without the kids mother or is there any way around this scenario because she has not seen them in 3yrs and i know she would not give permission even tho she has got to have been the worst mother in history any advice muchly appreciated . sean
__________________ united kingdom
Sep 16th 2008, 8:25 pm
#2
BE Enthusiast
Joined: Jul 2008
Location: Bethlehem, Tauranga
Posts: 390
Re: kids
The childrens mum will legally still have parental responsibility so she will need to give permission for the children to leave the country - I would advise that you seek further legal advise from a solicitor who has knowledge around child care law. The childrens wishes and feelings should also be taken into consideration. The immigration process will require legal documentation anyway. Hope this helps
Sep 16th 2008, 9:08 pm
#3
Just Joined
Joined: Sep 2008
Location: Co Antrm Northern Ireland
Posts: 24
Re: kids
You definitely need to see a solicitor - I guess you used one to process your residence order.
The court will ultimately decide whether you can take your kids to live in another country - start thinking about your reasons for going and how this will benefit them.
I would imagine your ex wife will have a say in what happens as, even though she hasn`t seen them for a few years, she still has parental resposibility for them. It sucks
but that`s the legal system.
The kids wishes may be taken into consideration, but that will depend on their ages.
I wish you all the luck in the world - as the resident parent (particularly when their mum hasn`t seen them for so long) I believe you should have the right to decide what`s best for your own kids` future. Good luck
Polly
The court will ultimately decide whether you can take your kids to live in another country - start thinking about your reasons for going and how this will benefit them.
I would imagine your ex wife will have a say in what happens as, even though she hasn`t seen them for a few years, she still has parental resposibility for them. It sucks
but that`s the legal system.The kids wishes may be taken into consideration, but that will depend on their ages.
I wish you all the luck in the world - as the resident parent (particularly when their mum hasn`t seen them for so long) I believe you should have the right to decide what`s best for your own kids` future. Good luck
Polly
Sep 18th 2008, 6:32 am
#4
TeamEmbo
Joined: Jan 2007
Location: Rangiora
Posts: 1,557
Re: kids
Send a letter to your ex-wife detailing your plans to emigrate and requesting her permission to remove the children from the jurisdiction. Give her a time limit to reply to your request. Say 14 or 21 days? This will give her a chance to blow up, calm down, and seek, if she wishes, legal advice.
You will have to give enough detail to show that you are genuine in your attempt to emigrate. You won't necessarily have to state an address or specific school but as much detail as you can give to show her/her solicitor that you are genuine in your efforts.
What you require from her is a letter stating her name/address and that she is the mother of x and y and has parental responsibility (joke in some cases I know!) and that she gives her permission for x and y to be removed from the jurisdiction. This letter MUST be signed and dated by her AND a Notary Public and have the seal of the Notary Public.
Given that she has not seen the children for some length of time, it is highly unlikely that she can prove good reason to object to the Family Court on the goods that such a move would be of detriment to her relationship with the children and them with her.
Basically, if she refuses your initial request or just plain ignores it, see a solicitor. Write to her again and point out that you are serious, go over some points of note to back your move up and give her 7-14 days to reply and state that if she does not respond within that time you will apply to the Court.
The Court will be whichever Family Court is local to where the children normally reside. So if she lives some distance she will have to travel to attend and pay for her solicitor to travel and attend. The first court hearing will be adjourned. The Court will want CAFCAS to speak with the children and deem their wishes - should they be old enough (children can be as young as 5 or 6 and be seen by CAFCAS).
In Family Court matters costs are not recoverable from the 'other side'. You each pay for your own. If she chooses not to attend the first hearing, it will still be adjourned. The Court can supina (sp?) her to attend the next hearing. Both sides will be liable to prove their case based on precedents such as Payne v Payne, ie that one party is not seeking to remove the children purely to prevent the other from contact.
You should prepare a list of what you have done so far in your efforts to emigrate, job prospects, proposed areas to live etc, what, if anything, you have done so far to apply for a visa or permanent residency. The courts are well aware you can only go so far with that process without the letter from your ex so they won't expect you to actually have a visa. Also, finances, that you have enough money to make the move and basically you just prove on paper that there will be no detriment to the standard of living and education that the children are used to.
Good luck. In my own humble opinion, she doesn't have a leg to stand on - no matter how much she shouts and spits. I'm not a lawyer though so don't take my word as Gospel. We just had to go through the same before we could come out here.
You will have to give enough detail to show that you are genuine in your attempt to emigrate. You won't necessarily have to state an address or specific school but as much detail as you can give to show her/her solicitor that you are genuine in your efforts.
What you require from her is a letter stating her name/address and that she is the mother of x and y and has parental responsibility (joke in some cases I know!) and that she gives her permission for x and y to be removed from the jurisdiction. This letter MUST be signed and dated by her AND a Notary Public and have the seal of the Notary Public.
Given that she has not seen the children for some length of time, it is highly unlikely that she can prove good reason to object to the Family Court on the goods that such a move would be of detriment to her relationship with the children and them with her.
Basically, if she refuses your initial request or just plain ignores it, see a solicitor. Write to her again and point out that you are serious, go over some points of note to back your move up and give her 7-14 days to reply and state that if she does not respond within that time you will apply to the Court.
The Court will be whichever Family Court is local to where the children normally reside. So if she lives some distance she will have to travel to attend and pay for her solicitor to travel and attend. The first court hearing will be adjourned. The Court will want CAFCAS to speak with the children and deem their wishes - should they be old enough (children can be as young as 5 or 6 and be seen by CAFCAS).
In Family Court matters costs are not recoverable from the 'other side'. You each pay for your own. If she chooses not to attend the first hearing, it will still be adjourned. The Court can supina (sp?) her to attend the next hearing. Both sides will be liable to prove their case based on precedents such as Payne v Payne, ie that one party is not seeking to remove the children purely to prevent the other from contact.
You should prepare a list of what you have done so far in your efforts to emigrate, job prospects, proposed areas to live etc, what, if anything, you have done so far to apply for a visa or permanent residency. The courts are well aware you can only go so far with that process without the letter from your ex so they won't expect you to actually have a visa. Also, finances, that you have enough money to make the move and basically you just prove on paper that there will be no detriment to the standard of living and education that the children are used to.
Good luck. In my own humble opinion, she doesn't have a leg to stand on - no matter how much she shouts and spits. I'm not a lawyer though so don't take my word as Gospel. We just had to go through the same before we could come out here.
Last edited by TeamEmbo; Sep 18th 2008 at 6:34 am.
Sep 18th 2008, 10:57 am
#5
BE Forum Addict
Joined: Jan 2008
Location: Pakaraka
Posts: 3,264
Re: kids
Hi Team Embo, can you give me a guesstimate for how long it takes to get to Court after the initial application? Just wondering what sort of timescale I'm looking at to go the distance.
(Another great reply by the way TE
)
(Another great reply by the way TE
)
