Any experience in family court in the UK?

[teach_says 4]

I am going to family court on Wed on my own (no funds for a solicitor) to get a court order allowing me to take my youngest son to US (leave to remove).

I have done loads of internet research, but now I am second guessing myself in terms of evidence needed. I have compiled a chronological order of events, in terms of last time he saw him and maintenance, etc.

I thought it would be really clear cut as I am the primary carer and he hasn't seen him for nearly 2 years, but I am not sure if it's nerves but I am starting to feel like the decision will go against me.

Just wondering if anyone has anyone has any experience of family court?

[Sunshine25 17]

I am going to family court on Wed on my own (no funds for a solicitor) to get a court order allowing me to take my youngest son to US (leave to remove).

I have done loads of internet research, but now I am second guessing myself in terms of evidence needed. I have compiled a chronological order of events, in terms of last time he saw him and maintenance, etc.

I thought it would be really clear cut as I am the primary carer and he hasn't seen him for nearly 2 years, but I am not sure if it's nerves but I am starting to feel like the decision will go against me.

Just wondering if anyone has anyone has any experience of family court?

Hi, I went through all this last year. My ex gave his permission for our son to live in the U.S, but when it came to signing the papers he changed his mind. I had to take him to court, but 2 weeks before the big court hearing he changed his mind again, as long as he could have our son for another 2 weeks a year. I agreed because I couldn't face it if the courts had said no.

Your case sounds good. The fact he hasn't seen his son for 2 years will help.

Is your son's father objecting to him going to the US? If he's not objecting the courts will let you, but if he's decided to fight they will look at how much contact he's had with your son, if he's paying maintance (which sounds like you have this covered) and where your going to live in the U.S.

I had to build an 'American Folder' to show the court I had thought out where we were going to live in the U.S. This included;

-Photos of my fiances house, the local schools etc.

-A statement from my fiance.

-Health insurance quote for how much it would cost to get insurance for my son.

-Information about the local pre-school, Primary School and high School

-A little history of the village where we would be living

-Photos of my fiance and son.

-Letters from my fiances family and friends to show we had 'settled' into the community.

I hope this helps?? Anymore questions just ask!

[Boiler 43,426]

http://britishexpats.com/forum/showthread.php?t=756418

[Darkmoonfaerie 19]

I don't have advice but wish you the best of luck from someone who's going through something similar. We're assembling a packet similar to Emma's for my fiance to bring to his solicitor's for their upcoming court date. We included a lot of info but wanted to cover any questions or concerns his ex may come up with. She's doing things like saying she's afraid she won't have contact with the boys, when we've offered her Skype every other day and tell her she can call whenever she wants during their trips here (we do voice call her every few days). She then has excuses why she can't do either. She currently sees them once a week and every other weekend, but supervised. We're hoping that our proposed contact will be good. This is the scariest part of the process for us. Hope everything runs smoothly for you this week!

[teach_says 4]

Well today was the day... OMG!

Firstly, thanks for all the advice and help.

The duty solicitor was #######!!! She didn't help me very much at all... In fact, she said "oh I haven't had one of these before" and proceeded to explain how difficult the whole situation is. You were right I couldn't hire her (even though I wouldn't have wanted to). I did seek legal advice, but it was very last minute on Tuesday and it was a small firm. He said to go ahead with what I had as I had a strong case and I had court approval not to notify the other parent (can I just add here his specialty wasn't family law, which I found out today).

Back to the court today, I opened the door to the judge and his first words were "I'm not issuing anything today". I sat down and then he proceeded with "father's have right", I am writing a list of things that need to be satisfied before anything can be issued. I said ok, then he said "I see you were given court approval to not notify the father, however, I think in this case for relocation he needs to be contacted" I said "ok, how do I do this as I am unaware of his whereabouts?"... He then said that he had to feel as though I have exhausted all avenues to find him.

Punch line number two... He then said I shouldn't worry as I can get legal aid... Which he could see the shock in my face as I replied I work full time, then he quickly retracted his statement.

Anyhoo... He went on for about more 10 minutes, I am not 100% sure on what was said as I lost focus on him and just started crying. When I got up and left, I told the usher that I wanted to complain and explained his second and third comment to me, I also explained that the judge refused to look at my file or read my case properly. She went and had a word with him and he called me back in and said (and I quote) "I don't want you to feel that I am against you; I am not against you and I am not for you, I am just keeping to the letter of the law, I can see the previous judge empathized on your situation, however, I need you to contact him or clear evidence of you attempting to contact him as he is the father". Then he added "I am sorry if I offended you with my legal aid comment, but there are other options for you to get some sort of help for the cost of a solicitor".

I am back tomorrow (during my lunch break) to get my paperwork and "action points", but long and short of it is I am back in court on 11th June when I will be interviewed by CAFCASS and a another hearing with a judge. Oh and I have now got a family law specialist solicitor, my first appointment is tomorrow.

[Nich-Nick 3,353]

I said "ok, how do I do this as I am unaware of his whereabouts?"...

You never said you didn't know his whereabouts. I thought you had discussed it with him and he said no. There is somebody in VJ history who went to London to her interview and told them she did not know the whereabouts of the father and he had no contact, nor paid child support. London said "no problem" and handed her an affidavit to sign. The affidavit basically was her oath that there were no active/pending cases for custody of the children and I forgot what else. Maybe I can find it and you can read the details.

[teach_says 4]

You never said you didn't know his whereabouts. I thought you had discussed it with him and he said no. There is somebody in VJ history who went to London to her interview and told them she did not know the whereabouts of the father and he had no contact, nor paid child support. London said "no problem" and handed her an affidavit to sign. The affidavit basically was her oath that there were no active/pending cases for custody of the children and I forgot what else. Maybe I can find it and you can read the details.

Thats great news... I love London

[Nich-Nick 3,353]

Thats great news... I love London

I don't know if it will work for you so just take it as an experience.

Here is a London thread, with links to other threads all on the same subject so you can compare your situation. http://www.visajourney.com/forums/topic/308534-help-with-interview-at-embassy/

Twinkies is the only one I remember who just showed up and discovered they let her off with an affidavit.

[BethandBilly 86]

Can you get in contact with any of his family, can you put a notice in the paper where he last resided and request him to come forward, do you have contact with any mutual friends, really exhaust every avenue you can, in the long run it will be worth it. Good Luck

[teach_says 4]

Can you get in contact with any of his family, can you put a notice in the paper where he last resided and request him to come forward, do you have contact with any mutual friends, really exhaust every avenue you can, in the long run it will be worth it. Good Luck

I've seen the solicitor and my plan of action is to serve his Mum, his Dad, Aunt and cousins. I will do it in person and via recorded delivery.

I have also got a PI to say tracing him not feasable and list the reasons.

I think I am going over and beyond to do this

[teach_says 4]

UPDATE...

My ex was served by one of his family members (I had 3 court copies made of the all the documents).... So court date was yesterday and he failed to turn up (apparently this is still not him refusing to acknowledge).

The judge felt that although I had gone to great lengths to get him served, the service was not secure (nothing was put in the initial court order about secureness...it was a different judge from the one that I saw before, apparently I won't be dealing with him again as he isn't senior enough for the case).

CAFCASS was present at the court and they had done enhanced checks on both of us and deemed him "of poor character with four pending criminal cases", the judge still wanted a secure service of the hearing. They also knew my job, pay, etc (I was surprised how much info they found).

So... The judge has issued a court order to the police to deliver the last known addresses for him (as he is on bail) and then the court bailiffs will serve him with the our new hearing date (in 6 weeks... She had to give the Police 28 days to deliver the addresses and dates that he has to check in and 2 weeks for the court bailiffs to serve him). Thankfully, this is at no additional cost to me as she is ordering it.

The judge commended me on how through and well put together my supporting statement was (in total it was 12 pages with a referenced appendix)

She said and I quote "you will be granted this specific issue order, but there are processes that have to be adhered to, I understand your frustrations but I am going to try and move it along as quickly as possible"

So worst case scenario he doesn't attend court in 6 weeks after being served AGAIN or he does come to court and contests, then CAFCASS need to write ANOTHER report which will take 16 WEEKS and I will have to go back to court on the 17th week for the final hearing... Which is another 22 weeks in total from now before a final decision.

Best case scenario he attends court in 6 weeks and agrees... Then I get my LTR or his family can convince him to go to a solicitor and get him to sign two letters; US Embassy stating he gives permission and one for the court saying he doesn't want to attend court for his own personal reasons and he gives his consent. I realy hope that he is willing to do one of these options rather than a 22 week wait.

This LTR is stressful and drawn out, I think there should be a limit on the amount of times someone refuses to go to court.

Edited June 12, 2012 by teach_says

[Dawny&Tommy 0]

Hi teach,

I moved from London in 2001 to the Isle Of Man, while I was there, my children's father moved from his house (In Edmonton in fact) and I had no idea where he had moved to. He hadn't seen my daughter for almost 9 years by the time I found out where he was. He had never paid any child support ever either.

I asked him for permission to take my daughter to the US (even though he hadn't seen her for 9 years, he still had parental responsibility and I needed his permission)and he said yes. He wrote a letter saying that he gave his consent and I took that to my interview with me. I had forgotten that it needed to be certified, and that's when he started to contest.

I went to court, had papers served to him, and a date ready for him to come to court. (I didn't have a Solicitor, I couldn't afford one but we did meet and have an interview with a really nice lady that asked my daughter lots of questions. I can't remember who she was. Some kind of Social worker maybe?) Anyway, on the day of the court date, her father didn't turn up but called the courthouse saying that he didn't contest any more. The judge asked me some questions about where we would be going and schools etc etc, asked my daughter a few questions and that was that, they gave me permission to take her.

From the time I went to my interview, to the time it took to get permission, took quite a long time though.

Just thought I would share my experience with you, it was a horrid time, and seemed to take what felt like forever. I hope you get yours sorted soon.

Dawn.

[Pcsuper 0]

Quick question on this My son is wanting to move with me when he is 16 and has finished his schooling. Will i still need to go through the family court?

[teach_says 4]

Hi teach,

I moved from London in 2001 to the Isle Of Man, while I was there, my children's father moved from his house (In Edmonton in fact) and I had no idea where he had moved to. He hadn't seen my daughter for almost 9 years by the time I found out where he was. He had never paid any child support ever either.

I asked him for permission to take my daughter to the US (even though he hadn't seen her for 9 years, he still had parental responsibility and I needed his permission)and he said yes. He wrote a letter saying that he gave his consent and I took that to my interview with me. I had forgotten that it needed to be certified, and that's when he started to contest.

I went to court, had papers served to him, and a date ready for him to come to court. (I didn't have a Solicitor, I couldn't afford one but we did meet and have an interview with a really nice lady that asked my daughter lots of questions. I can't remember who she was. Some kind of Social worker maybe?) Anyway, on the day of the court date, her father didn't turn up but called the courthouse saying that he didn't contest any more. The judge asked me some questions about where we would be going and schools etc etc, asked my daughter a few questions and that was that, they gave me permission to take her.

From the time I went to my interview, to the time it took to get permission, took quite a long time though.

Just thought I would share my experience with you, it was a horrid time, and seemed to take what felt like forever. I hope you get yours sorted soon.

Dawn.

Thank you for the reassurance... I know it will happen, but it is so stressful and drawn out. I think failure to attend court more than twice (without reason) should allow the petitioner to have it granted.

[teach_says 4]

Quick question on this My son is wanting to move with me when he is 16 and has finished his schooling. Will i still need to go through the family court?

I am not sure (he's still a child at 16 in the UK), unless you have permission from his father you will hve to go to court... but it will be an easier process as his veiws will be taken into consideration by the court.