I am a Kiwi in the throws of divorcing my English husband. Our children are 9 and 8 and he has 2 children from his first marriage of 13 and 11. My two tinkers have dual citizenship as British and New Zealand citizens. They have spent about 10% of their lives in NZ due to regular yearly and twice yearly holidays. I now wish to emigrate to New Zealand with the children but my DH is refusing to give permission. The children love NZ and the lifestyle however have obvious concerns about leaving their father and their half siblings.
Their half siblings come and go as they please and in fact one of them has only been here 7 nights this year. And sometimes either one or both doesnt even come on their scheduled contact times often leaving my two feeling let down. Anyway, my parents have offered me a job in the family business, the local school has places for the children and is a very high achieving school in a reasonably affluent rural area. I also have the opportunity to build a house on my parents land as they have offered to subdivide a few acres off their farm. I have come up with a number of different contact arrangements for my husband to keep in touch with the children but none of them seem to be agreeable to him. Yet he is not prepared to bring anything to the table.
The children love New Zealand and often ask when we can move there although do not relish the thought of moving there without their father. We have attempted mediation to reach an agreement which has failed and I'm not sure what to do next. It was always our families intention to move to New Zealand when my stepson had finished secondary school however now that our marriage has failed, I want to go sooner.
Can anyone give me an indication of the chances of me winning a court battle? I am familiar with Payne vs Payne but it seems the courts are not using that case so much as a precedent anymore. I have been battling with depression through this break up however my DH still refuses to let me go home with the children. Can anyone recommend a good lawyer in the north of England or give me some direction in completing the C100 form?
Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.
MNHQ have commented on this thread
Legal matters
How can I get permission to remove children from the courts jurisdiction to go to NZ
kiwiabroad · 15/05/2013 00:55
This reply has been deleted
Message withdrawn at poster's request.
Don’t want to miss threads like this?
Weekly
Sign up to our weekly round up and get all the best threads sent straight to your inbox!
Log in to update your newsletter preferences.
You've subscribed!
To comment on this thread you need to create a Mumsnet account.