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Leave to remove application

Leave to remove application

Old Sep 30th 2014, 1:15 pm
  #1  
yodayoda123
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Default Leave to remove application

Hi, I'm new to this site so any help would be much appreciated. My husband is a US citizen and resides in the US. My daughter and I are wanting to relocate to thand US but my ex is not consenting to my daugher moving. He's not refusing - just not consenting. Therefore we are making an application to the court. Does anyone know how long it takes to get first court date? Thanks
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Old Sep 30th 2014, 4:21 pm
  #2  
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Default Re: Leave to remove application

Depends on the local court. Phone the clerk of the court and ask.
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Old Sep 30th 2014, 4:39 pm
  #3  
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Default Re: Leave to remove application

Thanks. I did that and they said they can't tell me until the judge sees the application as it can vary. Didn't know if anyone has experience and how long it took them.
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Old Sep 30th 2014, 7:26 pm
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Default Re: Leave to remove application

Originally Posted by jshilde View Post
Thanks. I did that and they said they can't tell me until the judge sees the application as it can vary. Didn't know if anyone has experience and how long it took them.
When I was researching this, 12 months and longer seemed quite normal...
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Old Sep 30th 2014, 8:33 pm
  #5  
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Default Re: Leave to remove application

I'm a solicitor and have experience of this type of case. How old is your daughter?
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Old Sep 30th 2014, 8:36 pm
  #6  
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Default Re: Leave to remove application

She's 7. We want to relocate at end of academic year as that's beneifical for her. But we also need to apply for visa and cannot do that until court application is complete so we are on a tight timescale. Appreciate any advice.
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Old Sep 30th 2014, 8:37 pm
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Default Re: Leave to remove application

What's your ex's view on this?
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Old Sep 30th 2014, 8:47 pm
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Default Re: Leave to remove application

Originally Posted by jshilde View Post
She's 7. We want to relocate at end of academic year as that's beneifical for her.
Don't worry overmuch about trying to meet this schedule. We arrived here with my 7 yr old, and she slotted just great into the class in early December (despite moving from a French-speaking school in Switzerland, and being largely unable to read and write in English, whereas your 7 from the UK will be academically a rock star!). Logistically, it's actually much easier to move when the schools are open, and you can look round them, start emailing the teacher to get prepped, etc). There's a lot to be said for turning up and plunging straight into the new routine and new friends, rather than sitting around the house fretting for weeks about 'will the other kids like me, what will my teacher be like, where will I put my bag, what if the bathroom smells funny, etc etc etc'.

My daughter's had several new kids a year join her class (she's 10 now); sometimes they don't even wait for a Monday, let alone the start of a school year! Within a week, they've completely bedded in and no longer seem 'new'.
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Old Sep 30th 2014, 8:55 pm
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Default Re: Leave to remove application

Originally Posted by jshilde View Post
She's 7. We want to relocate at end of academic year as that's beneifical for her. But we also need to apply for visa and cannot do that until court application is complete so we are on a tight timescale. Appreciate any advice.
You say your ex "isn't refusing', but is he going to refuse, or is he just not cooperating? .... If the latter, have you considered bunging him some money to persuade him to cooperate, because it'll save you legal fees, court costs, and time.
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Old Sep 30th 2014, 10:01 pm
  #10  
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Default Re: Leave to remove application

Thanks all. That's good to hear kids settling in quick. We have lots of family around us when we move and she's been there a ton of time and loves it. But I undestand the significance of changing schools compared to having holidays etc. Re my ex - he isn't really saying anything apart from "I'm undecided". We've given a huge information pack, been to mediation and the mediator reiterated our proposals, contact plan and information packs are all informative and reasonable. It works out he would get the same amount of time he spends with her now but actually more quality time. I have stressed the importance of not involving our daughter which would happen if we went through the court. But it feels like he is burying his head in the sand. I understand its a difficult decision and not one to be taken lightly or easy but it's a reality.
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Old Sep 30th 2014, 10:17 pm
  #11  
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Default Re: Leave to remove application

It wouldn't involve your daughter if it went through the court, beyond a CAFCASS officer speaking to her very briefly.

Has your ex talked about her living with him? How would her life be improved in the US rather than remaining at home with Dad? How did you meet your new husband? Have you actually lived together yet?

These will all be points for the court to consider. You need a solicitor, and probably a good one if he fights this.
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Old Sep 30th 2014, 10:29 pm
  #12  
yodayoda123
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Default Re: Leave to remove application

I have a solicitor. A top London family lawyer. Everything is being done via them. I have all info and everything ready for court. I just want to avoid court and was trying to see if anyone had anyone had any experience on how long the court process is. All cases vary and so my laywer cannot give a definite timeline but I was hoping to hear other people's experiences of the same. Thanks
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Old Sep 30th 2014, 10:32 pm
  #13  
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Default Re: Leave to remove application

Except you asked "Does anyone know how long it takes to get first court date?". That's a specific question only your solicitor could really answer.
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Old Sep 30th 2014, 10:32 pm
  #14  
yodayoda123
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Default Re: Leave to remove application

Also - I would never leave my daughter. My ex has not even mentioned he living with him. He would not be able to care for her every day (he can just about do one evening) and it would destroy her not living with me. I've cared for her for 7 years as a sole career, even when we were together.
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Old Sep 30th 2014, 10:34 pm
  #15  
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Default Re: Leave to remove application

By the way I should question how "top" your London family lawyer is. It's actually a definitive number of weeks (dependent on which court) and they really should have told you. Basic stuff.
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