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LTR case

  • cazSRPara
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30 May 12 #334162 by cazSRPara
Topic started by cazSRPara
Hi,
Im new to the site and would be grateful for any advice I can get. I am looking to emigrate and my ex has refused to sign the paperwork i require for immigration to take our daughter. I think i will be heading to court. I have been told this could cost up to £10k if it leads to a contested hearing and therfore I may well have to self-represent....can this be done????
I have been seperated and divoreced from my ex husband for 10 years. We have a 13 year old daughter in which we both have parental respb. and I have residence. She sees him approx once a month overnight. This in the past been some times more and less on occasions. There is a lot of history which i wont go into too much. the facts at the moment are....
1. I would like to move to Australia,QLD with my job
2. My ex refuses to sign to let our daughter go
3 She WANTS to go
4. I have offered to pay half each year for her to visit him (up to 3wks and alternate christmas as we already have) and would allow her more times should she wish to see him if he pays for subsequnt travel
5. I do not want him to pay maintenance (which is currently pays £100 monthly)
6. I will of course endeavor to secure the best school in Brisbane in the location we will live
7. I can earn more money, work less and provide a better family life for our daughter
9. Skype and webcam etc for daily contact will be available

He says that her schooling will be affected and he is opposed to this. I have assured him that they actually do have schools in Oz!!! Another matter than distresses me is that 8 years ago he fought for custody of MY son (not his biologically) which he won! He did not fight for his daughter at the time 3 years old. Some 3 years later when my son acted out a bad teenager life....became way wood bound shall we say....my ex kicked him out and has never spoken to him since! After this he came back to me. to give just a little more of my marriage to my ex.....I suffered at his violent hands for all the years we were married. I was let down severly by CAFCASS (who i really have no time for) in that they made the report out to go in favour of my son living with my ex. I feel and still do feel my ex''s actions were purely of malice and still now feel the same in relation to our daughter and him refusing to sign the stat. dec. HELP HELP HELP any advice is welcome!!!!

  • Fiona
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30 May 12 #334169 by Fiona
Reply from Fiona
It is possible to self represent in LTR cases but the court proceedings may take 9 months if it goes to contested hearing and CAFCASS would be involved. You would need to demonstrate practical and concrete plans for work, school, finances, accommodation etc as well as feasible arrangements for contact and travel.

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30 May 12 #334189 by cazSRPara
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Hi Fione,
Thanks for your reply....i''m now trying to become an overnight solicitor...an impossibility i know!
I have got my interview in August but i do not want to wait until after i have passed this and given the job offer. I am very driven to getting the job and in turn moving to a better life for all of us.
My ex is not going to sign the stat.dec. and therfore I want to make the steps to have the required documents and approval to take my daughter ASAP. Waiting until,September (on my return) will be too late. I will end up losing the job offer (which i plan on getting) by it taking too long to have the required evidence for the visa which i will need in september. This happened to a contact i have in QLD.
From what i have researched today the UK law goes by the washington declaration. I feel i can adequatley provide the info in a statement to meet alot of the points that will need clarifying to the courts..such as housing, schooling, contact arrangemnets, job, finances etc. Is it therefore possible for me to apply now to the courts and is that by way of a C100 form??

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31 May 12 #334239 by Fiona
Reply from Fiona
Yes, Form C100 is the correct form. There is an article written before the Washington Declaration that gives you an idea of the of information you need to provide during proceedings here;

www.familylawweek.co.uk/site.aspx?i=ed878

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19 Jul 12 #344219 by Blue Storm
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Hi, I am also in the middle of LTR application, and I have my next court hearing soon. I have a solicitor helping me and a barrister to represent me, but it does come at cost and I am on a legal aid.
Have you considered getting a McKenzie, or at least somebody to go through your case for review purpose? I tried to put everything in my app statement, and they did edit quite a bit? Also try speking to Reunite organization, may be they can give you some advice?

I was advised that it can cost up to 15k depending on number of hearings, which is a lot of money! I have no family support here, have 1 small toddler, and another one on the way. My ex is refusing to consent my leave. It is rediulous as he had not shown much contribution to looking after my kid when we are together, had various addiction problems, and now he is applying for a residence order to say he will look after my kid and I can leave the country!

It almost feels like he is being difficult for the sake o being difficult. Yes, we do have a histroy with a police involvement, and I have raised some of my concerns to what he was doing to my kid to social services.

I am wondering what are my chances are for LTR granted - that it will be so hard to look after two small children on my own although I have lived in this country for long enough. It''s a tough job being a mum.

I must say, I see some posts with regards to LTR application, but I hardly see the verdict, other than some case law examples. I have heard that around 75% of the applications are granted eventually, and some say that they are pretty much rubber stamped as long as you are being sensible with your plans. I really hope that is the case, but I know it''s not the easy process.

I wish you all the best for your application and your daughter''s future! Keep us updated!

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20 Jul 12 #344414 by cazSRPara
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Hi
I am due to go to court next week for the 1st Directions hearing. I am self representing. I have also had some contact with Cafcass. From what I have read about legislation on LTR the stats are 75-90% cases won by the applicant. Providing you can prove that the childs welfare in all areas will be adequately met I dont forsee a problem (for myself) Its just the time and frustration getting to the end result so to say!! I have mentioned to my solicitor (who I only use on an adhoc hourly basis due to the ridiculous cost) that if by any slim chance the courts decide not to favour my application my daughter will make her own application!!! She is 14 in October. She may well be the first but I hope it will not come to that!
Good luck with your case....at least you have legal representation. All the best Carolyn

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