Court Order for Removing Children

[S&J2013 117]

We are about to start the process to apply for K1 visa and my children will be on the applovation - my fiancé is the petitioner in the US and im the beneficiary in the U.K. 

 

My ex is refusing permission for me to take the children so I am going through the UK courts for permission. Has anyone had experience of this process? Any tips or advice they could give me?

 

Thank you 

[Boiler 43,720]

Not personally but it has come up here a few times so I would look for those threads. Obviously very much depends on circumstances, visitation rights etc.

 

Application?

[bob+senga 11]

HI,

 

Ive been there and went through the whole process.

I was governed by Sots law- which made it even harder to get specific issue order for my daughter to leave with me.

My lawyer did say under English law i would have been on plane months ago.

We did win our landmark case- as my lawyer said its very unusual for courts to grant permission, but in our case we were successful.

I can offer you advice tell you more if you want, but please message me privately. 

Good luck

 

[f f 725]

don't put the children through this unless they actually want to go.  look at it this way, you are the one who is leaving the country and are essentialy forcing your ex to give up his rights to ever see them again. as well as never letting your children see thier biological father. if you are going to get it approved you will need to have some iron clad agreements in there that you will pay for the kids to come out and visit thier biological father a few times a year.

[S&J2013 117]

I looked through and got to page 20 and couldn't find anything, I guessed there would have been a thread but there were over 400 pages so I'll have another look. 

 

The children want to go. That isn't an issue. They have a brilliant relationship with my fiancé and are very much involved in all the decisions and plans we are making. They only have very limited contact with their bio father and there are already court orders in place.

 

We have plans for them to come back in the summer holidays and also pay towards his accommodation if he wishes to visit them too. There would also be unlimited Skype contact available. 

 

I was more more interested in advice for the process and experiences from people who have already been through this.

 

Thank you 

[MJI 132]

Hello, I have exactly the same question.  Any links to the other posts that might help?  Thanks 

[MJI 132]

I found this link which might help

 

see page 6-7-8

 

 

http://www.lawcentreni.org/Publications/Law-Centre-Information-Briefings/LCNI-Briefing-Children-in-Immigration-Law-March-2013.pdf

 

[bob+senga 11]

8 hours ago, MJI said:

Hello, I have exactly the same question.  Any links to the other posts that might help?  Thanks 

Hi, To take the children to America with you will probably need a court order if the father is refusing.

It took me 18months going through the Scottish courts. English courts are prob quicker and easier I was told by my lawyer( he said if I was in England I would have won sooner based on my circumstances/evidence)

The link you found is correct in parts in that the court will base their decision on what is in the best interests of the child- theyre only concern is the welfare of the child. Hence you need to put forward a very strong case on why the child should move with you. 

10 months down the line best decision i ever made my daughter is flourishing here. 

if you need any info  message me privately. My case was different as all cases are.

 

good luck.