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STBXH has agreed I can take DC to live abroad

11 replies

longingforalife · 12/09/2017 00:04

We've had mediation. He's signed financial paperwork which is off to court for approval. I've forgotten all the legal terms. Will then apply for decree absolute. Trying to sell house where we all live still but that's another story. Once sold DD (mid teens) and I are moving to my home country. This he has agreed in meditation and I agreed finances with this in mind.
What documentation will I need? Can my solicitor simply draft a letter for x to sign for me to produce when queried? At what point of travel would i be likely to be challenged?
Anyone with experience similar?

OP posts:
BrandNewHouse · 12/09/2017 00:06

This reply has been deleted

Message withdrawn at poster's request.

Blondienut · 12/09/2017 00:13

Pm you

longingforalife · 12/09/2017 00:21

In UK going to Commonwealth country- not wanting to out myself.

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MaitlandGirl · 12/09/2017 00:23

When I applied for a visa to move with the children to Australia my exH signed a letter in front of his solicitor confirming he didn't object to the move and was aware I was moving them on a permanent basis.

Only cost him £10 ish.

longingforalife · 12/09/2017 00:27

Mine won't see/doesn't have a solicitor.
Sounds simple though.

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MaitlandGirl · 12/09/2017 06:52

The only reason he saw the solicitor was so that they could witness his signature (so to make sure that it really was their dad that signed the letter, not some random I bribed!).

Any solicitor can witness the signature, for a nominal fee - it's a service that I think they have to offer. My exH took his passport in, to prove his ID, and signed a letter I'd typed up for him. I made sure the letter stated that the intention was to remove the children permanently from the UK so he couldn't turn around in a few years and complain that I wasn't back in the UK.

longingforalife · 30/09/2017 00:21

@MaitlandGirl
Hi, I am trying to draft a letter for him to sign. Did you find a template somewhere? Get advice what you needed to include?
I'd ask my solicitor but he charges like a wounded bull - I will if I have to but it could be straightforward?

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MaitlandGirl · 30/09/2017 04:25

I just laid it out formally.

I ex-husbands full name and date of birth confirm that I give consent for my full name and date of birth to relocate with the minor children insert their names and dates of birth from the United Kingdom to Australia.

I confirm that I am aware that the relocation is intended to be permanent and that the children will seek Australian Citizenship when eligible.

I confirm that there is an agreed schedule for contact and that my full name and date of birth has agreed to keep me fully informed on any changes of address/health status of the minor children/education details as appropriate.

his full name
date of birth
contact information
passport details

This was then signed in front of a solicitor and attached to a photocopy of the information page of his passport that the solicitor also signed.

longingforalife · 01/10/2017 16:08

MaitlandGirl
That's really helpful!
I will work on a version for us.
No hurry as the people whose offer we accepted on the house seem to have disappeared.
Cheers

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MaitlandGirl · 02/10/2017 06:25

I tried hard to cover every eventuality and anything that the Australian Embassey might have an issue with.

Obviously with you returning to your home country it'll be a little different as I presume your DD had citizenship there already so you just need to satisfy immigration and the courts.

Really sorry to hear about your buyer - hopefully they turn up soon.

longingforalife · 02/10/2017 22:19

She's never been but has dual citizenship. So no issues there!

Buyers seem not to be buyers, sadly. Have other prospects, fingers crossed.

Am really sick of the whole thing now. It does go on and on, doesn't it?

Hope to be divorced in the next week or so. Won't email solicitor to pin this down as I have worked out how much it costs me for him to receive and then reply to an email.!!!!!

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