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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 am not sure if the question i typed earlier when through

Resolved Question:

I am not sure if the question i typed earlier when through so i am repeating it here:
My sister (a Malaysian on temporary UK Resident Permit) is married to a British for 5 years and have a baby (9 months old) born in the UK. Her husband has been abusive (verbally and physically) however, no visible marks are on my sister's body. If my sister is to file for divorce, would she be able to fight in court for full custody of the baby - considering that she is currently only on temporary UK Resident Permit? What evidence/s would help my sister win custody of the baby?
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.
Who has had the day to day care of the baby until now and has your sister reported the physical abuse to the police?
Clare
Customer: replied 3 years ago.

Day to day care of the baby is my sister.


 


She has not reported the physical abuse to the police as there are no visible marks on her body showing that her husband has abused her. She is worried that if she report the abuses she will lose her baby as she is only on temporary UK Resident Permit and that her husband will be more violent. Moreover, if she reports to the police and no help is given to protect my sister and the baby she would be risking her safety. Her husband's mother and sibling's wife who are staying quite near them are not supportive of my sister as well and always side with her husband no mater who is in the right. Even if her husband is taken away, they might cause harm to my sister and/or the baby.


 


My mother will be flying over to stay with them next month to look after the baby while my sister will go back to work. Her husband does not help really help much with the domestic finance. My sister pays for most of the baby's products (food and other necessities).

Expert:  Clare replied 3 years ago.
Hi
How long has she lived in the Uk?
Clare
Customer: replied 3 years ago.
7 years
Expert:  Clare replied 3 years ago.
Hi
has she considered applying for a Permanent Residence card?
Clare
Customer: replied 3 years ago.
Yes , she is going to sit for the test soon.
Expert:  Clare replied 3 years ago.
Hi
When will that be?
Clare
Customer: replied 3 years ago.
Some time soon, probably in 2-3 months time.
Expert:  Clare replied 3 years ago.
Hi
Since your sister has always had the day to day care of the child then in the event of a dispute this is what will continue so she must not worry that her child will be taken from her.
The next time that he is physically violent to her she must call the police - and she also needs to seek assistance from one of these two agencies
www.refuge.org,uk
www.womensaid.org.uk
who will help her take action to protect her and the child
She should also be aware that as a victim of Domestic Violence she will have more support in terms of Legal Aid and immigration issues - but only if she reports it
I hope that this is of assistance - please ask if you need further details
Clare
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