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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34123
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 a mother born and reside in the uk I had a partner who

Resolved Question:

I am a mother born and reside in the uk I had a partner who was Mauritian and he was extremely violent to me, he has been gone for 5 years now, and he has threatened many times to take the children from me, I have a file with the police to which every message I receive I update the file, the children were born in the uk and live happily here, and always have, he has never sent money, cards, presents etc, I am really worried now as he says now that he is coming with a lawyer to take them to his country to live without me.
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 old are the children?
Were you married to your ex?
is he named on the birth certificates
Clare
Customer: replied 2 years ago.

hi

my daughter is 8 and my son is 6, I was not married to him but we lived together, his name is ***** ***** birth certificates, we haven't seen him for 5 years and they don't remember him, so I am worried about the situation.

thanks

claire

Expert:  Clare replied 2 years ago.
Hi
How does he contact you and do you believe he is actually planning a visit to the UK soon?
Clare
Customer: replied 2 years ago.

hi

he always used to message my facebook account until I blocked him, the most recent threats came via my dads facebook account, he too has blocked him, he uses various different alias names and accounts to contact us, this is why I am seeking advice from yourselves should he actually visit albeit in 5 years he has never ever visited. what I can add is that when he left the country his visa had actually expired some 4 years previous, the immigration was constantly contacting him to remove him, while he was still here.

thanks

claire

Expert:  Clare replied 2 years ago.
Hi
So he is unlikely to obtain a further Visa - or do you have reason to think that he can?
Clare
Customer: replied 2 years ago.

If he is determined I don't know ..........could he?

Expert:  Clare replied 2 years ago.
Hi
If he does return to the UK then he cannot remove the children from the Uk without your agreement or a Court Order - and such an Order is not likely to be made since he has no relationship with them
If you ever have any reason to believe that he has returned to this country and you fear that he may try and take the children then you can apply to the courts for a Prohibited Steps Order to ensure that he cannot do so
I hope that this is of assistance - please ask if you need further details
Clare
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