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I have an urgent enquiry and would highly appreciate if you could please provide me with some guidance.
I have a son (X) who is 7. When he was 3 both I and he had to move into a woman's refuge. I was (and still am) married to his father and sponsored him to UK. His visa has now expired and he wants to use his parental responsibility as an excuse to stay in UK although he has not shown any interest in his son for past 4 years.
He recently contacted my family to ask them to ask me to get back with him or at least provide him with my passport details so he could renew his visa. I refused this and now by help from relatives he has heard another way of staying in the country would be using his parental responsibility. I have already reported his case to the UK border and they are looking at his case and have informed he may still stay in the country as the divorce has not gone through yet so we are still married.
I have received a letter today in terms of court order from his father for him to having access to X and also a prohibited steps order against myself. His father has obviously not told his lawyer anything about what he has been doing to X and me. He has instead said that I have abducted his child and denied access to his child. Truth is there was severe child protection issues in place at the time we lived together and my son's health visitor had advised me that if X was not removed from the environment (not with his father unless his father changed for the better) then X could be taken by social services.
Now I have to go to court in June and I am worried sick that I may be losing my child (not literally but by him having access it can do so much damage). I am a student and do not have any income apart from childcare benefit+childtax credits so I don't know if I can get legal help for free. I once saw a solicitor straight after the seperation and at that time my solicitor said although there has been child protection issues e.g. X's father sexually abusing small girls+severely neglected X then those are only verbalal allegations and not legal evidence so he still stands 50-50 chance to win the case. If some other parents here have gone through something similar they may be able to advice on how they prepared their child/children for all that? Do you have any advice on how I can keep the case stronger? There are lot of things which happened however the problem is I never reported it to the police and there is nothing much to show as evidence. The only thing I can think of is to contact the health visitor but apart from that I don't know what to do. He has denied that he has ever been abusive. How can I prove this in court especially the psychological abuse?? He has stated that everything I have said is false allegations.
With regards to evidence this is all what I have:
In terms of my son, he has already told me he doesn't want to and why he doesn't want to but I am concerned whether my son's wish would not be taken into account as he is so young? After the seperation I asked the new health visitor if my son needed any psychological input or investigated if he has been sexually abused and she said he seemed to manage things well and seemed so much happier and that perhaps by receiving psy. input it could make more damage if he is coping ok. So he did not receive any psychological input however recently (approx 6 months) he has started to recall memories and broke down telling me about his father neglected him and was emotionally abusive to him (he does not recall any physical or sexual abuse). He has lot of negative memories though from the time he lived with his father of how he treated him, but he cannot remember how he treated me apart from me being upset.
When I lived with him there was one incident which involved physical violence however there was an on-going psychological abuse where he was very controlling and isolated my son from being with him ect. Told my son that mum doesnt love him and that he shouldn't go near me ect. I never reported anything to the police. All I have reported is that he harrassed me with e-mails and phone calls after I left him so they gave him warnings and I did not hear from him after that.
With regards to the sexual abuse, these happened to girls who were around 10 years old and their family is aware of this but due to their cultural background they chose not to report it. This means he has never been on any register or legal system for this. The girl who was sexually abused by him has agreed to provide written statement or testify via video link. There are several family members (again abroad) who have admitted they knew of his pervert background. This was unknown to me until after the marriage.
The problem is that in the meeting with the health visitor she said she will inform social services and that they will take his laptop to investigate whether there was childporn ect. However everything happened so fast and once we moved out i contacted the social services to see if they have followed the case up but they said that because my son was no longer in danger and had been removed from the environment they have closed the case! So again, no evidence from the social services. Only health visitors notes.
Thank you so much for your time and help
Hi JasV. Welcome along. I'm sorry you're going through this. I don't have any answers for you, but I would suggest that you do contact the Health Visitor that dealt with you at the time. There is also a legal expert on here. You can e.mail them confidentially, give as much detail as you can. Bearing in mind it is the Easter holiday, I'm not sure how soon back you'll hear from them, but hopefully, it'll be before the end of the week. Click on the blue link, and it'll take you straight to the page legal expert
Hi JasV and welcome.
Hazeleyes has given you the link to our legal expert, so do email them. In general, legal aid for family cases is no longer available even if you have a low income....one of the exceptions to this is if you are a victim of domestic violence. As you were in a refuge at the time of the separation then I am presuming you were involved with Women's Aid at the time, Make sure you mention this to any solicitor you deal with.
Let us know what the expert says
Hi Hazeleyes and Louise,
Thank you to you both for your support and messages.
Yes, I will look into it straight away.
I have never been involved with the court - do any of you know how long this whole thing may take? I am aware it will all depend on each case but I was just wondering approximately..? My first hearing will be on 3/6 and I really don't want to face this man. Hope there is any way of avoiding this - will look into it all.
Thank you once again for your time and support
Unfortunately there are usually two or three hearings for this type of thing as the initial one is often short then it is adjourned for CAFCASS to make reports and soemtimes the judge asks for other reports and tests eg drug tests. If he has been abusive to you, you can ask if you can speak from behind a screen. But first things first, get the expert advice and see where you go from there
Hi Louise,
Thank you for letting me know.
I am a final year doctorate student and this is my final semester so I was in the middle of working on my dissertation which had to be submitted here in July. Since receiving the letter about the court order I have not been able to concentrate on anything as I am so anxious and scared about the whole thing. So there is no way, I will meet the deadline. I think it will be best to see someone at uni and apply for a leave of absence and get this court case out of the way first as this is my priority at the moment.
Based on your response I can see it won't be a one-off but a longer period so that would probably be the best thing to do.
Thank you for your time
Have a good evening and Happy Easter Sunday :)
Hi Kiera,
I am so sorry to hear what you have been going through. It i sad, the better-half/partner suppose to be the one who will be there to protect us and make us feel safe. Instead they put us in the complete opposite situation.
I am pleased to hear that you did not have to meet your ex. I hope it will be the same in my case as I really don't feel compfortable after all the bullying and controlling behaviour - i won't be able to present the case confidently and fight for my son if he is there starring at me.
I hope that your court hearings will soon come to an end and you can get all this behind your back and move on with life. Wishing you all the very best
Thank you for replying to my post x
thank u for replying yes i want it over with, i ad get police and a solicter to get rid of ex when i ened it last may, he harassed me for weeks, but i also found ouyt in court he ad a double life,he ad girlfriend and new baby i new shit about, i loved him but he betrayed me, he also assaulte dme on holiday abroad, i dont want see him again, he delayed hair strand drug test for months, and then he used a hair dye so he as to do another one, x
Oh dear, what a nightmare!!! Well done you for getting rid of someone like that :) It is not easy but you did it and you can finally have some well-deserved peace once all this out of the way.
Goodnight
Hello JasV
If this is definitely going through court and very soon then deferring your dissertation seems like a plan but don't jump the gun as sometimes these things take ages to come to fruition and you could have your dissertation done and dusted before court ever happens. In fact, I would be inclined to try and make some progress with it anyway.
When I was in the final months of my postgrad counselling diploma, I found out my Mum was terminally ill. Obviously no-one could say when the end would be, or even when it would approach (and I would need to look after her more) and in that sense I was in the same situation as you. What I did was to say "NOTHING is going to stop me getting this qualification" and I worked hell for leather so that my work was done, and all ahead of itself before I was needed elsewhere.
We are here to talk to about things anytime, the whole court thing is worrying and stressful and I hope you have seen that there is lots of support here
hi jas one space av bin support for me for a year now, if ti wasnt for them well really dont no what i wud of dun, x u wil get thru it hunx
hi jas,
my ex used me to get a visa and eventual citizenship/passport.
go and see ur local mp or go and see his/her secreatary. tell them everything, they will write a letter to the home office. the home office will not grant him permanent stay if he has any kind of dodgy background or on the basis of your marriage if ur not actually together anymore.
Hi JasV and welcome from me
I am sorry to read of your situation, but I hope that the responses you have received have been helpful.
chocolate81 has added an interesting thought to the mix, is this something you would consider doing?
Thank you