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advice on emergency leave to remove court orders

(11 Posts)
wildflower1 Sun 06-Dec-15 18:52:46

Hello, I am living in the uk with my ten year old son who was born here, we both want to go back to New Zealand. I am from NZ, so all my family and support are there. I have stayed here for the last 8 years because of my career but I want to go home with my child now and have work set up, starting in January. I have to move out my house here on the 20th December and all of a sudden the father of my child is refusing to let us leave even though he has been entirely disinterested in his son for the last 9 years. He is on the birth certificate so he has parental responsibility so he has rights. He doesn't care that we will be made homeless or that I have work and family waiting for me in NZ. My son wants to leave and his father refuses to listen.

Has anyone been through his situation? Do you have advice? I live in the countryside and can't afford expensive lawyers and am about to be made homeless. How can I get this sped up through the courts? I financially support my son, his dad has never helped, so it is essential that I go home to work, to earn money... How can I ensure the courts see this as an emergency?

titchy Sun 06-Dec-15 19:04:06

Why on earth didn't you take this to court yourself when you decided to move? Did you get the fathers agreement in writing?

wildflower1 Sun 06-Dec-15 19:10:05

I am taking it to court because the father won't let us leave. I had no idea he would not let us leave he has never cared what we do or where we go. We have lived in NZ before when my son was very tiny for over a year. he was the one that drove us to the airport. So now that the dad has said he won't give permission, because he found out about us travelling I have to apply to the courts. If I had known he was going to do this I obviously would have applied much sooner. Now I am about to be made homeless, its a nightmare !!!

wildflower1 Sun 06-Dec-15 19:10:49

The father has said in writing that he won't agree to us travelling. Even though my son wants to go and has told him so.

Homebird8 Sun 06-Dec-15 19:19:13

It's a good job he found out now because it could have been much worse if he found out afterwards. Even with all the circumstances you would still have been seen as having abducted your DS.

I'm sorry, I have no advice over the court issue. Can you afford some legal advice from a solicitor?

Goingtobeawesome Sun 06-Dec-15 19:26:11

You've named your child. I suggest you ask MNHQ to remove it if you are bothered by it.

Homebird8 Sun 06-Dec-15 19:53:40

I reported the name and MN have changed it for you OP. One less thing to worry about.

missmargot Sun 06-Dec-15 20:20:14

When you say he found out about you travelling do you mean you didn't tell him yourself? Does he have any contact with your DS at all?

CadburysTastesVileNow Wed 09-Dec-15 11:26:49

Might he back off if you commence a CSA/CMS claim for financial support from him? Photocopy the form and send it to him, ask him for information on his earnings etc.

That's assuming he is earning.

Toffeelatteplease Wed 09-Dec-15 11:35:05

Does he see the child?

Marilynsbigsister Wed 09-Dec-15 22:01:45

We successfully opposed my Dh batshit-crazy ex wife moving to a wholly unsuitable country with his two youngest. It was extremely touch and go though. And this is from a father who has never ever missed fortnightly contact in 9 yrs. Pays 3x the cms calculation of appropriate maintenance and children who have significant special needs. - the country she was proposing has absolutely know SN provision. This last part was the ONLY reason that the Judge refused the move. CAFCASS did a report of the children's views where they came firmly down on the mothers side. The children had been sold the 'new country' as nothing short of paradise on earth and had drummed into them how distraught mummy would be if they didn't want to go... I tell you all this to give you hope. If a committed, loved father can come within a hairs breadth of losing his children because of their mothers wishes, then I doubt very much that the Judge will uphold the wishes of a father has shown no interest in the child up till now. Is that the case ? I have read your post as him not having any relationship with your child at all.

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