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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a child arrangements order in my favour specifying my

Customer Question

I have a child arrangements order in my favour specifying my two children live with me. Kids have not seen mother for 2 years.I have re-married an Australian citizen and we have a new baby as well. We want to move to Australia.Obviously i need to seek a child arrangements order to remove the children from the UK however my question is do I obtain my visa first or go to court first?I did have a free half hour session with a solicitor 6 months ago about this and whilst she had no experience at all with leave to remove she said in order for court to consider my application I would need to have my visa in place. Since then i have met and spoken to a few people on an online forum of people who move to Aus and some of those people have been trough leave to remove cases and they have all said they went to court WITHOUT the visa.I should say that I do intend to ask the birth mother for her permission first, but i assume she will deny.Do i apply for visa first or go to court and get permission first?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you In fact you will not get the Visa unless you have either Consent or a Court Order.Given the length of the Visa process you should start both at the same time.You are applying for Leave to Remove!Please ask if you need further detailsClare
Customer: replied 1 year ago.
I understand I would not get the visa granted for the children (without a court order) so what I was going to do was apply for MY visa first, then if granted go to Court and then if court awards in my favour apply for kids ? I spoke to australia house today and they said we could do that, but it does sound convoluted !!So you would say apply for both at the same time ? And even if the visa hasnt yet been granted the court can still rule?
Expert:  Clare replied 1 year ago.
HiThe Court can and will rule based on your plans and evidenceSince it costs money to apply to court it might be wise to check that you can indeed go first!
Customer: replied 1 year ago.
" check that you can indeed go first!" - you mean check that i would be entitled to a visa ?
Customer: replied 1 year ago.
sorry to ask multiple questions but i just need you to clarify that one last point
Expert:  Clare replied 1 year ago.
Yes that is what I meant!
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you ever so much, very much appreciated Claire, thank you :)DAVID
Expert:  Clare replied 1 year ago.
Hi David
You are most welcome I hope all goes well
Clare