03-27-2016, 04:27 PM
Hi all,
Situation:
I have petitioned for divorce on the grounds of unreasonable behaviour.
Ex suffers from extreme mental illness, but never admitted it or agreed to seek help. Our marriage lasted 2 years, and was a complete nightmare.
She is foreign, and loses the right to stay in the UK once the relationship breaks down. I have also written to the Home Office, asking to cancel her spouse visa - I was required by law to do this, but it came in very handy! She was given a notice to pack her things and go back to her home country (god bless Cameron who does his best to cook the immigration figures before the EU referendum!).
We have two sons aged 4 months and 1 year 8 months (no passports), she is a stay-at-home mother. We are still living at the same address.
She has received the petition and has immediately applied for a leave to remove, to be cross petitioned for a sole residence order by my solicitor next week. I offer her weekly contact via Skype, 2 weeks in the summer, pay for 2 trips in a year to the UK (it is unlikely that she will obtain a visa for that, so a safe bet), and a week around the New Year, also to send photos monthly.
I worked full time so far but the employer is very understanding and prepared to give me flex hours and I can also take paternity leave.
So my question is:
Is there any chance the court grants her a leave to remove on the very first hearing? Can an interim LTR order be granted? It looks unlikely to me, as it would mean to move children back and forth? Her country is a Hague convention country, but very unsafe at the moment.
Past the first hearing I am not worried, she will be either gone or illegal. Even if she finds a solicitor to be represented remotely, and the case proceeds to a final hearing in two or three years, I understand that even with the pro-mother bias the court won't entertain an idea of uprooting children from the school and extended family and sending them to a mother they don't even remember.
Thank you!
Situation:
I have petitioned for divorce on the grounds of unreasonable behaviour.
Ex suffers from extreme mental illness, but never admitted it or agreed to seek help. Our marriage lasted 2 years, and was a complete nightmare.
She is foreign, and loses the right to stay in the UK once the relationship breaks down. I have also written to the Home Office, asking to cancel her spouse visa - I was required by law to do this, but it came in very handy! She was given a notice to pack her things and go back to her home country (god bless Cameron who does his best to cook the immigration figures before the EU referendum!).
We have two sons aged 4 months and 1 year 8 months (no passports), she is a stay-at-home mother. We are still living at the same address.
She has received the petition and has immediately applied for a leave to remove, to be cross petitioned for a sole residence order by my solicitor next week. I offer her weekly contact via Skype, 2 weeks in the summer, pay for 2 trips in a year to the UK (it is unlikely that she will obtain a visa for that, so a safe bet), and a week around the New Year, also to send photos monthly.
I worked full time so far but the employer is very understanding and prepared to give me flex hours and I can also take paternity leave.
So my question is:
Is there any chance the court grants her a leave to remove on the very first hearing? Can an interim LTR order be granted? It looks unlikely to me, as it would mean to move children back and forth? Her country is a Hague convention country, but very unsafe at the moment.
Past the first hearing I am not worried, she will be either gone or illegal. Even if she finds a solicitor to be represented remotely, and the case proceeds to a final hearing in two or three years, I understand that even with the pro-mother bias the court won't entertain an idea of uprooting children from the school and extended family and sending them to a mother they don't even remember.
Thank you!