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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33314
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a residence order and my ex husband is only aloud indirect

Customer Question

I have a residence order and my ex husband is only aloud indirect contact with the 2 children aged 14 and 13, they do not have to write back or see him.
We wish to relocate to the republic of ireland,but do not know what form it is i need to fill out for the court,and the local court didnt seem to know either! my partner of 10 years has family out there,and we have been offered a fantastic house to live in and the schooling is so much better for the children. My ex will not agree even though he has had no contact with the children for over 2 and a half years......i dont know what i need to do,whether its a magistrates court,what form, or how long it all takes?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your questions
The form you need for a Leave to Remove application is a Form http://www.childrenneedfamilies.co.uk/court-forms/c1.pdf
The fee is £200 and it is issued in the County Court
More details here
http://stones-familylaw.co.uk/children/leave-to-remove
Claire
Customer: replied 3 years ago.

Thank you for your reply!


Sorry for the delay had alot of internet issues!!!!!


Could you tell me how long the whole process takes to take it through the court?


And if only has indirect contact.......which he doesnt do anyway......would it be denied?


 


Marie

Expert:  Clare replied 3 years ago.
Hi
It takes between three and nine months on average - and I would be very surprised if it was refused given the circumstances you describe
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33314
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

what would happen if i was to leave the country without permission and the children were settled into new schools and their new home? Would we all be forced to come back?

Expert:  Clare replied 3 years ago.
Hi
Yes technically that could happen
Claire
Customer: replied 3 years ago.


I dont live anywhere near the area where my residency order was given,do i have to apply to that court for the removal of the children or my nearest court where i live? My and ex and i live miles apart

Expert:  Clare replied 3 years ago.
Hi
Your nearest County Court would be appropriate
Claire
Customer: replied 3 years ago.

If we relocated to Norhtern ireland.we would still be closer to my partners family,would i still need permission as my residency order states not to be removed from united kingdom and northern ireland is part of united kingdom?


And would i have to notify the courts of my relocation or just my ex husband?


 


Thak you

Expert:  Clare replied 3 years ago.
Hi
That's unusual - the order generally specifies England and Wales - but if it says UK then Northern Ireland is fine
Claire

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