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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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Hello, my husband is lying that I removed our daughter without

Resolved Question:

Hello, my husband is lying that I removed our daughter without his consent from EU country in January 2014 and therefore he gets Legal Aid, I am not entitled to one and I cannot afford barrister for the final hearing. I have provided all the evidence that it was done with his consent and now he is saying the consent was there but was not real. The final hearing is on 26-27 Nov. CAFCASS interviewed the child and she wants to stay in UK, the child is 11. His solicitors are not sending me any copies of his statements. I will have no choice as to defend myself in the Royal Courts of Justice, can I get at least free legal advise on the procedure? Where can I turn for help?
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.
Did he give his written consent?
Clare
Customer: replied 2 years ago.

Hello, we both signed tenancy agreement, he had intention to move to UK as well. He withdraw the child from Latvia school and in the notice wrote she will live and study in the UK, it's signed and dated by him. I moved to UK on 12 Oct 2013, applied for school place and he withdraw her from school on 20 Dec 2013. He took us to the airport on 1st of January. Since then he has been visiting her three times and I never limited any contacts. In Aug 2014 she was on school holidays in Latvia and he said he will not give her back and threatened me. He filed for divorce and stated that child lives with him asking for sole custody. I went there got her and returned back to UK as it was agreed before the trip.then I applied for emergency hearing and got prohibited steps order so he can't remove her from UK and my care. The next was police visit in the middle of the might and my passport collected by Tipstaff as he applied under Hague convention that I was supposed to have her in January only for a week.

Expert:  Clare replied 2 years ago.
Hi
So what does he mean when he says the consent was "not real"
Clare
Customer: replied 2 years ago.

I haven't seen his statement yet but he is going to say that he consented without knowing circumstances. It will based on infidelity accusations.

Expert:  Clare replied 2 years ago.
HI
What "circumstances"?
Clare
Customer: replied 2 years ago.

By circumstances he means that I had not been faithful and that I have lied to him about it.I can prove that he knew it before me and the child left to UK.

Expert:  Clare replied 2 years ago.
Hi
Then he has little chance of success.
You could write to the Legal Services Agency with evidence of his Consent and ask them to revoke his Certificate.
There is no guarantee that they will revoke the certificate - but it is a possibility.
You can ask for some advice from the charity Reunite
www.reunite.org
since you did things properly
You can also try the prop Bono Unit of the Bar
http://www.barprobono.org.uk/
I hope that this is of assistance - please ask if you need further details
Clare
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