LTR : temporary solution?

Dear All,
Considering the possible delays of the CAFCASS and the fact we have no more accomodation end of june, I am going to speak to a judge and hope to keep the Trial on date, maybe by suggesting:
1/ the negative impact the delay of a Cafcass report would have on the child OR 2/ by ordering an independant social worker to be assigned

Regarding the Accomodation issue, I am wondering if I could apply for a temporary order to remove the child from the juridication for a 1 month period that would allow me to take my child with me to France, awaiting the final hearing decision without impacting negatively on her living conditions.
I think this can be obtained quicker than the Permanent leave to remove . Therefore in case the verdict is negative, it allows us time to find a new long term accomodation in London.
Can I please have you view on this?

Hi

Having read through your earlier posts you do not mention the current arrangement. Is there a court order in place for contact or residence?

There are circumstances where you do not require permission to take the child abroad for up to a month as long as it does not interfere with a contact order.

Additionally are you aware of the test case Payne V's Payne for relocation of children? It should be looked at if you are not.

Gershie

Hi Gershie.
I am currently applying for a LTR to France as the father has parental responsability and doesn't want my daughter to relocate. He has been having informal custody in the last 2.5 years every other weekend and 1/2 holidays . I proposed extensive contact arrangements (school holidays, i can bring her to London/Malaga ( as the father is spanish living in London), tel, webcam,etc) but he simply doesn't want us to leave the UK.

We have been living together with my new partner for a year now and are relocating together to our native country ( life in London is simply unbearable financially , with no support from friends or family).

Father refuses all contact proposals.
In the FDH he requested a CAFCASS report even if the officer didn't wish one, mainly tyo check on my new partner. I have proposed him to introduce him but he will never be family to his eyes and refuse all contact.

Hi Chantelle

You never mentioned if you are aware of the Payne V's Payne case. This is the test for all LTR applications.

While I would never condone seperating a child from either parent, every case has its merits. I understand your ex's reluctance to such a move but he has to be realistic that they do happen and he needs to be constructive towards his refusal to grant permission.

I think you will have a difficulty seeking an interim order. The case management has been set and CAFCASS are involved. I know of people who have had to wait upwards of 9 months for a decision with little happening in the intervening period.

The court are not interested in the financial implications of any case, they are only interested in the best interests of the child and those must be investigated and determined before a decision is made.

Gershie

If a child doesn't have a roof over his head, I guess it is a matter of welfare, isn't it? I am just hoping an interim order could be set-up waiting for the LTR reports and decisions...


I forgot to mention that the father doesn't want to apply for any residence order himself ...he says the current arrangement is convenient to him...

And sorry, I have seen the Payne V's Payne case, but don't really see the implications it may have in my case.

chantelle73 wrote:

And sorry, I have seen the Payne V's Payne case, but don't really see the implications it may have in my case.

To grant leave to remove the Judge must be satisified on the folowing points...

Para 85: "The points I make are obvious but in view of the arguments presented to us in this case, it may be worthwhile to repeat them."

(a) The welfare of the child is always paramount.

(b) There is no presumption created by section 13(1)(b) in favour of the applicant parent.

(c) The reasonable proposals of the parent with a residence order wishing to live abroad carry great weight.

(d) Consequently the proposals have to be scrutinised with care and the court needs to be satisfied that there is a genuine motivation for the move and not the intention to bring contact between the child and the other parent to an end.

(e) The effect upon the applicant parent and the new family of the child of a refusal of leave is very important.

(f) The effect upon the child of the denial of contact with the other parent and in some cases his family is very important.

(g) The opportunity for continuing contact between the child and the parent left behind may be very significant.


That is the relevance and implication

Gershie