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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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Hi there, I've married a filipino woman. She is here in the

Resolved Question:

Hi there, I've married a filipino woman. She is here in the UK living with me on a spouse visa. We have one child together and I have an older daughter who lives with us full time. The relationship is a complete disaster, my wife is unkind to my oldest daughter who is six. She regularly threatens to take my youngest daughter away from the family. I have tried to show her options that enable her to stay in the UK. She threatens to leave to return to the Philippines. I am actively encouraging her to leave now. Her plan is to return by marrying another uk citizen and then taking our daughter to wherever he lives. What are the legal implications involving my daughter? Can I apply for some kind of custody for her if and when my wife leaves the UK? Can I prevent her from coming back to the UK and taking my daughter away? I want to share the responsibility of parenthood not be removed from my daughters life completely.
Thanks
Jamie
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How long have you lived together and when will she eligible for Indefinite leave to remain?
Clare
Customer: replied 2 years ago.
Hi
My wife came here in August 2013. She is due to apply for next visa in June 2016. Then another visa indefinite leave to remain in 2018.
Expert:  Clare replied 2 years ago.
Hi
Is she saying that she is willing to return to the Philippines WITHOUT her child?
Clare
Customer: replied 2 years ago.
Yes she is that's right
Expert:  Clare replied 2 years ago.
Hi
Are you facilitating this - when might she go?
Can you care for the child yourself?
Clare
Customer: replied 2 years ago.
I am encouraging her to stay but have suggested living separately from me and to share the child care of our daughter assuming she gets a visa to live here under a right of access to her daughter. I would definitely be responsible for our daughter either way.
Expert:  Clare replied 2 years ago.
Hi
Your wife is not able to remove the child from the UK without your agreement or an Order from the Court.
If you believe that there is a real risk that she will try and remove the child then you can apply to the court for a Prohibited Steps order
If she does chose to leave the child with you then is wil be very difficult for her to remove her from your care when she wishes to do so.
It would be wise to try and discuss matters with her using Family Mediation (www.familymediationhelpline.co.uk) to agree how the care of the child will be shared between you
Clare
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