Hi there,@3ML WMD . Any update on your case. Were u able to win the relocation case?
I had last day of my three day hearing yesterday (25/10/23) before Judge. I did some research on him and have read some concerning things! On the first day he seemed to be swaying on this side of M, who ill get to in a minute, but by the conclusion of proceedings I feel that he had more of a balanced view of things. We'll get a written judgement in a week but I have no idea which way it will swing. Just for context, my daughter is 17 months old and her mum has been trying to remove her permanently since she was 8 months old
These were the main points to contest:
mother's isolation - Lies, she has a wide network of friends, a few of which have reported back to her when they have seen me out. She has a big circle of friends who she regularly connects with aswell as having her mother stay over for months at a time.
Mother's Immigration status - I was fortunate (comparatively speaking) to have an affordable Immigration DAB who could poke holes in her imagination argument. She tried to trick the court to thinking she could be deported in 60 days which just wasn't true
Ability to work: Because she has delayed applying for an updated visa, this means that it has restricted her ability to apply for jobs somewhat. This again, was clearly done deliberately to frustrate the court and force them into a decision. My DAB identified ways she could work around the system to secure employment.
Bogus visa application: At the end of the first hearing day, the judge asked for a copy of M's Visa application. When it arrived the next day, she had filled out the application and basically asked the home office to send her home. There was no mention of child arrangements and no mention of my daughter being British or having a British father. Again, a ploy to essentially force the courts hand.
Earnings: M has work for two massive private investment firms and earned close to 400k total in 6 years, yet she claims to be running out of money. She provided bank statements from 3 months ago, but I know she tucks money away into a separate American account but there was no way of seing this. She also claimed that she had no idea how much she received by way of bonuses over the years, again a big fat dirty lie.
Annoyingly the judge didn't allow the request for more statements, but hopefully he can do the maths.
I don't think I can sum it all up because that would literally be 100 pages, but Cafcass was in agreement with me that my daughter should remain mainly because of her age. The officer said that she couldn't make an absolute recommendation because she was unsure about Ms Immigration status.
Ms solicitors cross examined me and I spoke in a firm and informed way, her KC barrister at one point said 'im the one asking the questions here'. He had nothing, just a bunch of lies and misinformation, I actually quite enjoyed it. Im not sure how the judge will view it, but quite frankly I don't care, I spoke from the heart and I was happy I did. Their final submissions were just an attempt to criticise me and my candid view of the mother. They also poked holes in the Cafcass officer who ultimately recommended that my daughter should stay. There was very little to explain how and why moving would be in the best interests of my daughter. Finally and probably most alarmingly, the criticised me for wanted shared care!! Saying 'he will stop at nothing until he gets 50/50'. They said that in cross examination AND in their final submissions!
My barrister said I need to prepare because if the judge thinks that M is actually on the poverty line and is closing in on destitution, then he will go on the side of caution and let her go with my daughter. Theres lots more to say, but thats a summary of where im currently at.
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