Removal From Jurisdiction Case... Advice rrequested.

[Guest julie2010]

Good Morning,

 

Before I start explaining the situation, I am aware that there are people that are going to judge me on this issue but please be assured there are other factors involved that I am not openly discussing on this forum. I am here to ask, from other members that have been through this complicated process for some advice in my situation. Whilst some people will disagree with my decision to move the children away from their father, this was my decision to make and one that has already been made and I havent come here to by judged or insulted. My children are my number one priority.

 

And breathe...

 

Anyway basic facts are...

 

Ex walked out on me for other woman despite us having a 4 and 2 year old.

I met my current partner soon after and we openly discussed Australia.

Ex got other woman pregnant and soon after walked out on her pregnant and has never seen the child since.

I have rebuilt my life, I am studying to be a MH nurse and will qualify in Sept 2014.

My partner has family in Adelaide and we wish to join them as soon as possible.

I have spoken to employers in Adelaide who have reassured me I would have no issues securing employment.

I have researched incmoe/expenditure based on myeslf working and partner constinuing distance learning from home and believe we would have enough to live a good life.

 

We do however, need to start the process of applying for Removal From Jurisdiction. My ex has refused to allow permission to let them go (which I fo understand) however we still feel this is something we need to do for both our sakes and the childrens future. We have even offered for the ex to come with us and we will help him financially.

 

We would like to take the next step however the posts on here are all a few years old and I have read on a solicitors page that you now need to arrange mediation first. Has anyone any idea of how to do this and if you attend and no decision is reached then surely the first hearing is pretty much the same process?

 

Iv emailed a few solicitors to get some information first and for them to give us their opinions, however they are slow at responding.

 

Is there anyone who have gone through the process recently and possibly represented themself until the final hearing able to offer me some advice on initial costs? We are putting together our case file to present to the court at the moment and have given ourselves till end of Feb to get this is really good order. I am certain that we have subdivided into the correct sections and subsections and are now contacting relatives in Aus for further info.

 

Thanks for reading this far, it was a fairly long post!

[Guest Kazzarazza]

Hi Julie2010,

 

Although I can't help you personally, I do know that there are many people on the PIA parent site, Pomsinoz, who have discussed and experienced your situation. If you are not already a member of PIO, I suggest you join that as well, and copy and paste your post on there. I'm sure you'll get lots of good advice.

 

Best of luck, Kazza xx

[Guest vikkiann]

Does your ex see the children and pay maintenance?

[Guest julie2010]

My ex has the children for 2 nights every 3 weeks. Not the best of situations. He's always paid maintenance yes. However our suggestion is that he would be £3k a year better off without us taking the maintenance off him which would in turn pay for flights etc. Plus by the time we get there my children will be months off 12 and 10 and not too far off being old enough to make a decision to return home to their dad if they were unhappy.

 

Im trying to figure out my login details to Poms in Oz its been a while lol. I searched the post but most are quite old and the recent ones dont have too much info. Hopefully I can get my post reposted this morning.

 

Thanks

[Guest vikkiann]

Good luck

 

Vikki

xx

[Tamara (Homes Down Under)]

Hi Julie

 

Sorry can't help on the questions.

Good luck with everything and you have to think of what's best for your family.

Don't be afraid to ask a question on here some one will help you.

We really are a friendly bunch.

Hope that everything works out.

 

Tamara

[Guest ladyarkles]

This was something that we looked into a couple of years back; you may find the following useful:

 

Permission for permanent removal of a child from the jurisdiction may be granted by the court under the Children Act 1989. The leading case is still Poel v Poel, a 1970 Court of Appeal decision which almost always allows the mother to relocate the child abroad.

 

The procedure involves applying for a Specific Issues Order on a standard Form C1. The criteria for a successful application for leave to remove are that the custodial parent's proposals can be shown to be 'reasonable' and 'realistic', and are consistent with the child's welfare.

 

The wishes of the child are considered in the light of his/her age and understanding. Though the court has wide discretion, the views children aged 11 and upwards normally exercise greater influence on the outcome. A teenage child who refuses to board a plane is unlikely to be forced to do so.

 

Also:

http://www.familylawwiki.org.uk/index.php/Leave_to_Remove

 

Hope this is of some help to you.

 

~ Rachel

[snifter]

Hi there. There are a number of people over on our sister site, Poms in Oz who have gone down the legal path to get permission to take their children from the UK to live in Aus. Perhaps have a post of this over there, or a forum search on the subject and read of the threads.