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I have broke up with my ex partner. She was here on a 2 and half year visa, then 1 month before her visa expired she left the house with my son and claimed abuse.
I was arrested and later released without charge, I have reported her for assult agaisnt me and this is ongoing.
Before she ran away with my son she worked around 60 hours a week and sent most of her money home. I have always been the main guardian for our son, a full time dad up until the time she ran away.
I have had an initial child arrangement order because she said I can't have any access, the judge wasn't happy with this so I currently see him every other weekend - (pick up from school fri, goes home Sunday) and alternative tue and thu but just for 3 hours. So after he stays the weekend I have an 8 day gap I don't see him.
My son always tells me he wants to live with me and be with me and I want him to live with me full time and then see his mum on set days. I've always been his full time carer and this has been a massive change and painful time for us both.
We have a first hearing on March 21st, can anyone give me advice about the first hearing, I have a barrister already booked but how should I prepare and what are my changes of getting full custody, or at least half? Will having a job or not effect this as I was a full time dad and didn't work but I have savings. I don't want to get a job and then loose custody because of hours I work, so I want to show I'm totally flexible to have him, but will this go against me, would I be better of working?
I just don't have a clue what my chances are so if anyone could give me any advice I'd be much appreciated
Michael
hi,
so with your ex partner, do you know if she will be allowed to remain in the country after her visa expires? if her residency situation is unstable, don't think that will look good for her. perhaps you can discuss that with your barrister, and possibly raise this with court, to argue that child lives with you.
how old is the child? from my experience, if you can show court that your work is very flexible, you live local and you can do school runs and be available to have child a lot often, that should go in your favour. I would suggest to not mention that your work commitments will get in the way of caring for child. You can discuss options with your barrister, about whether to seek 50/50 or full residency of child.
@bill337 thanks for your response.
I have no idea about her visa, the one she was on would have expired by now so I've no idea what her status is. I've tried to find out but her solicitor ignored mine. She was on a 2.5 year spouse visa but because our relationship has ended she can no longer reply on me as a sponsor. There is a rule that if you have been domestically abuses while on a spouse visa you can get a permanent visa and benefits so I think she has falsified the domestoc abuse claims to get this visa, but as I haven't been charged I can't see how they would give it to her?
I live 2 minutes from his school. I am not working at the moment, so I don't know wether to stay unemployed so I can be as flexible as possible or I don't know if not working will have a negative effect on the decision? I've got savings and receive benefits so I'm not struggling for money but I just don't know how they will see it. I've always been how fill time dad so emotionally and physically I'm the one whose always been there for him.
Oh sorry, and my son is 5, 6 is June
Hi
I am going through same situation as yours.
My wife is from north Africa and these people have bad reputation just wanna come to UK and Europe. she was on 2.5 years spouse visa before she had left the house with my daughter and without my knowledge I have applied to renew her visa put we were waiting from the Home Office's respond.
This is the second time she had done it she went to women's refuge claimed am violent and at the same time we used to meet every single day and came back home and was sorry.
2020 has left the house and applied for NMO I was self represented and I told court she's lier, manipulative and devious and I showed everything videos call, massages, photos and Case was dismissed.
Now I have not seen my daughter for nearly a year and half and Case still going on I have final hearing in March.
I see that this thread is from a year ago, and I hope that since then, you've made progress in your situation. Family matters can be challenging, especially when they involve legal complexities. If you're still facing any issues or need further assistance, it's essential to consult with a legal professional who can provide guidance based on your current circumstances.
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