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Moving overseas, court order advice please!(6 Posts)
Hi this is my first post so please be gentle lol.
Me and my sons step dad are planning a move abroad and are planning to start the whole visa process soon. As part of this I am aware I will need to obtain a leave of jurisdiction order from the court.
My son hasn't seen or heard from his dad for 3 years due to violence and behaviour issues and he's never attempted to contact us. In which case I don't think he contest, even turn up tbh.
I have spoken to solicitors and I am soon becoming aware this may turn out to be an extremely costly process. I have found the forms I believe I will need to apply to the court but looking through them I am a bit lost at some of the questions.
What I am wondering is.... Has anyone done this alone and saved themselves the solicitors fees? Is it something you can achieve alone? Is there anyone on here that can offer me help and advice on this matter before I have no choice but to shell out loads of cash.
Thank you in advance. By the way my son is 8.
I can't see how it would be that expensive. You may have to try and serve him with the application. But if he has had no contact for 3 years, he won't have a very strong case to say you can't go.
There are some links here about legal help.
But I would hope the costs are just limited to the application. If its highly unlikely to be contested, you can just turn up yourself to court, I don't see why you would need to pay a lawyer.
complete the C100 and submit it - you will be fine without solicitor.
you will need to send the papers to your ex though.
pm me if you want specific advise
I can give you advice about this from the 'other side' so to speak.
My dh's ex is completely batshit crazy. ( I know every second wife says this about the ex, but believe me.. She is.) she thought that she could remove dh two youngest (olders live with us) to a non Hague convention country last year. In contrast to your situation, dh has completely hands on, never misses a weekend contact and has done for over 11 yrs without fail.
Ex wanted to move with her new dh for 'the amazing lifestyle '. She employed an expensive barrister. We self represented. The initial application was made by her solicitors to the family court. You can do this yourself. There is a first requirement for mediation. This cost an average of £100-200 per person and could be up to three sessions ! We refused as we pointed out that there was no point for us to 'negotiate' upon. Dh stance was to contest any attempt to remove. The mediation was then 'signed off' as not appropriate and the next thing was the first hearing.
At this hearing the Judge requested that the 'applicant' (in this case you) serve upon the court and the 'respondent' (him) a detailed statement explaining where you will be living, who you will live with, how much money you have to live on and where it is coming from. (Details of work/salary etc) . He also wanted details of the school how it would be paid for if private. Benefits of the move to the new country from the child's point of view and last but by no means least comprehensive plans for the children to maintain existing excellent contact with their father including details of proposed home country visits per year. (This will obviously not tax you too much as your 'existing' contact is sod all.!). So she filed all this stuff, but sadly didn't do enough homework in that the school places she claimed to have, didn't actually exist and when she did actually secure some places, they were wholly inappropriate for children with sn. Nevertheless, one would have thought that the judge would have chucked it out there and then - but no !
There is an important bit of case law that carries enormous weight in these cases. It is to do with the mothers ability to successfully parent their child when they are 'psychologically upset' by a refusal to leave the country. The judge ordered a CAFCASS report which involved a social worker 'representing the children's views'. The social worker visited the children at both parents homes and wrote a report based on their opinions. Well of course, they live with their mother 75% of the time. Their mother had promised them that the new country was virtually heaven on earth filled with fairies and unicorns... The report came back in her favour, saying she could go... If she could find suitable schools... Which she couldn't.
The bottom line of this long tale, is that if a committed hands on, maintenance paying father can come within a hairs breadth of losing his children, then you should have no problem at all. You don't need a lawyer. Just go to the family court, fill in your application. Send a copy to him, a copy to the court, pay your £215 and you should be on your way !
This is a useful recent case where the Judge discusses the legal test for leave to remove - it has moved on a bit since Payne v Payne which is the seminal case.
The fundamental test is 'what is in the best interests of the child' so the court cannot simply rely on the mother being upset if she can't move (but obvs, if the mother is the primary carer, her being upset may well impact badly on the children)
Thank you so much for your help and advice. It's a minefield that I have no experience in
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