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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I just broken up with my girlfriend and we have 2 years old

Customer Question

I've just broken up with my girlfriend and we have 2 years old child.My child and me are British Citizen, and my ex is illegal immigrant.She always threaten to take my child from me not to see her again.I'm so worried that she will kidnap her abroad to Philippines.Firstly, I want to prevent her to take my daughter abroad. After that I'll take her to a court for my child's custody. In this relation, also domestic violence, threatening, threaten to kill my son who is age of 7 from my first wife, also financial abuse are involved. What to do first?I'm so worried that I'll never see my daughter again. Many Thanks Ozan

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Where is the child currently living and who holds her passport at the moment?
Clare
Customer: replied 3 years ago.

The child is with a mother, she is helding her passport

Expert:  Clare replied 3 years ago.
Hi
What contact do you have with the child at the moment?
Clare
Customer: replied 3 years ago.

Until today, I was seeing her at the weekends and wednesdays.We had a fight with my ex today and the relation is definitely over.The reason that I was keeping this relation on track because of my daughter.

Expert:  Clare replied 3 years ago.
Hi
Who has had the day to day care of the child until now?
Clare
Customer: replied 3 years ago.

During the day we have a nanny as we are both working

Customer: replied 3 years ago.
Relist: Incomplete answer.
Customer: replied 3 years ago.

During the day we have a nanny as we are both working, the nany is her cousin she is illegal immigrant too...

Expert:  Clare replied 3 years ago.
Hi
Your starting point is to apply to the Court for a Prohibited Steps Order to ensure that she does not remove the child from the UK.
You could also ask for a Specific Issue Order for the passport to be handed to you for safe keeping
You apply for these together on a form C100 available here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
The fee is £215 and you can read more about such applications here http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
At the same time you can include an application for shared residence/defined contact - but you should also try and discuss these issues with your ex using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Many Thanks

Expert:  Clare replied 3 years ago.
HI
You are most welcome - I hope all goes well
Clare
Customer: replied 3 years ago.

Thanks again one question I forgot to ask yesterday.Once I apply to the court for a Prohibited Steps Order.


 


How long is gonna take the whole process also do we both parts have to attend to a court hearing?If she know that there is court case she will take the first plane to her country with my daughter as she is illegal immigrant she is scared of court etc.


 


Could you also suggest me a good family practice in London?


 


Kind Regards


 


Ozan

Expert:  Clare replied 3 years ago.
Hi
You can ask for the Prohibited Steps Order to be made in an emergency basis - and you can find a solicitor on the website here
www.resolution.org.uk
Clare