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How can I get permission to remove children from the courts jurisdiction to go to NZ

(28 Posts)
kiwiabroad Wed 15-May-13 00:55:57

I am a Kiwi in the throws of divorcing my English husband. Our children are 9 and 8 and he has 2 children from his first marriage of 13 and 11. My two tinkers have dual citizenship as British and New Zealand citizens. They have spent about 10% of their lives in NZ due to regular yearly and twice yearly holidays. I now wish to emigrate to New Zealand with the children but my DH is refusing to give permission. The children love NZ and the lifestyle however have obvious concerns about leaving their father and their half siblings.

Their half siblings come and go as they please and in fact one of them has only been here 7 nights this year. And sometimes either one or both doesnt even come on their scheduled contact times often leaving my two feeling let down. Anyway, my parents have offered me a job in the family business, the local school has places for the children and is a very high achieving school in a reasonably affluent rural area. I also have the opportunity to build a house on my parents land as they have offered to subdivide a few acres off their farm. I have come up with a number of different contact arrangements for my husband to keep in touch with the children but none of them seem to be agreeable to him. Yet he is not prepared to bring anything to the table.

The children love New Zealand and often ask when we can move there although do not relish the thought of moving there without their father. We have attempted mediation to reach an agreement which has failed and I'm not sure what to do next. It was always our families intention to move to New Zealand when my stepson had finished secondary school however now that our marriage has failed, I want to go sooner.

Can anyone give me an indication of the chances of me winning a court battle? I am familiar with Payne vs Payne but it seems the courts are not using that case so much as a precedent anymore. I have been battling with depression through this break up however my DH still refuses to let me go home with the children. Can anyone recommend a good lawyer in the north of England or give me some direction in completing the C100 form?

mumwinner Mon 03-Jun-13 18:12:56

Iam22
Oh dear what a bunny boiler! It is clear you have so many issues and assumptions. Kiwi asked about her chances to win and I answered.
I am not encouraging her, she has made her mind and wants to leave. Perhaps she is an adult who can make her own decisions why you treat her likeshe has no options to her own will, she came to a boardroom for advise not to do what people advise her.
You assume so many things.
Court hearings are a very expensive matter and are a waste of money regardless who wins, it is my opinion and I am entitled to one. When men/women want to continue a fruitless battle they just inject money into the case and lawyers/barristers fill their pockets.
Again you are assuming I am instigating false accusations against her ex to win the leave to remove.... NO, I just asked , no everyone is happy to give details about their private life, especially in chat room or board where all sort of lunatics are allowed to write and read.
Once more "make sure the children want to move" if the children dont want the relocation there is not point in trying/wasting money especially if their wishes can count in court, I never told her brainwash your children therefore they are happy to move and you win your case.
Oh dear Iam 22 think carefully before posting nonsense.
The only thing you didnt argue about was the equality groups, because that I mean they are a bunch of people who give terrible advise.
Good luck and calm down perhaps that would help you to win whatever case you are into or just to live happily

mumwinner Mon 03-Jun-13 18:16:29

Kiwi
I can recommend few good solicitors.

OliviaMMumsnet (MNHQ) Mon 03-Jun-13 21:54:56

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