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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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 from india my daughter in uk got divorsed 2014 having

Customer Question

I am from india my daughter in uk got divorsed 2014 having two children -boys 13 years and 7 years she lost child custody in very bad condition getting benefits 13 years of marriage fighting ancillary relief case and he showed him domestic violence victim his father is staying with hi on visitor visa and social worker also put her in criminal case against her sons from last year in May it is also going on. I lost my husband in 2012 feb and he left her in june cos she was in depression,...I am very much worried just we both cry.. I want to know whether she will get any thing both have property in joint name He is a good dentist ,My daughter is also dentist but can not work there but she left everything for him and made family ,,her second son born there they went in uk on 2006 she is having ILR,,,,, can anybody help 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.
Why can your daughter not work, and why are Social Services involved?
Clare
Customer: replied 2 years ago.

hi thanks,she did dental nursing course she did job for eight months when she was preginent but she left for small baby and he was four years old when she left her house.His husband took non molestation order for one year.when they were in india she was full doctor working in good hospital till then they were try to be fine but it was not very good because he was not earning and studing for his mds and she used to do job .when they came to uk she did sales girl job and he was studying and doing nhs job .She did everything but he did not support her vmuch and wants her to study and do all household work. She was doing that but he stoped giving her 300 pounds.They were mot satisfy from each other their relation becomes difficult and fighting. start two three time police. came but it was not that big. . they went and social. service people. involved. she was telling me but I told her to remain cool she was not serious. about them and was busy in house hold and. with two children. .when he stop giving Moby she thought of doing some cloth related work.,he becomes more angry.cos she was not studying,in between. my husband died and she was feeling very low from her circumstances. and he called his father and one day In fighting. he called police .She left the house. police. leave her but he took non molestation divorce.. She did work for some time as nursing. but suddenly social worker called her for one meeting and there she came to know that they stoped contect. from kids and saying case last January. she met her kids for one hour. and she is from that time on bail not allowed. to work near kids and old people. She is very depressed and her heart rate and bp everything is not normal can not stand for long and on benefits.please. tell me because. kids are with his father and in his house his father. helped him in buying house we did not but in other way we all helped him lot. in marriage we spend 5 lac.They do not want to give her any money. not kids They have love marriage.. but their circumstances. were not good after marriage. First he was studying after when he start earning in UK they have two kids with short of money and her elder son know this and was sometime feel unhappy.As he become full doctor. and got his ILR he did not support. her and used to fight.. this is the cause social service involved and she could not work.. she is involve in bail .I am very helpless She loves her children. v much but involved. on false case.She is saying that she will. die and dying to see them..Please tell me if she can live in your country. as a respectable mother..

Expert:  Clare replied 2 years ago.
HI
What has she been charged with?
Clare
Customer: replied 2 years ago.

Hi,thanks for helping ,..her contacts with her children were going on but suddenly in last april they called her for child meeting and assure her that is just for her children welfare and they have cancelled child protection plan ,but when she went their ,one police in-charge was there

they took her to police station for inquiries and charged her saying both the children have problem she showed knife to her elder son and push them ,, this is a false allegation as she told them she was cutting vegetable and was talking and never push them she was serving to her children from so many years and not having problems they are very healthy hand happy going and love her too much .. I think they put abh harm but they did not find any harm on elder son body but as per doctor report one old scratch( smal)and found him stress they leave her on bail and extended it 2-3 times now she again has date on 27 march I went to uk when their son born he was not well blood transfusion and other things went they both did everything to save him ,He is the only child(husband) and his father used to be over possessive with his son and started doing same with grand sons 75 years old having good property in india too but her husband did not know how to share and they only want for them and did not understand the wife role in the family , she wants to understand him and always wants that things go normal but when he start earning he used to start saying now u want my money and after my husband death he called his dad and their relation was not good,,

...If mother is in this condition and they are so well,and they left her knowing that she is only a housewife serving from 13 years and no extended family in uk will your law help her or as his lawyer is saying children are with him and house mortgage so give house in solo name of father? She is very simple girl depend on husband and was busy in studying and after with his family.But short of money problems they lost their love and because of new country their elder son also suffered,, but now for all this is a big punishment,,, only god can save I only pray for them,, please tell how you can help ,, thanks

Expert:  Clare replied 2 years ago.
Hi
Does your daughter have a solicitor acting for her?
Clare
Customer: replied 2 years ago.

She had before a good lawyer and paid her 3-4 lac and after her first hearing of ancillary relief and child cu study case it took long time she stopped giving money and hire a friend4 called mecanzi friend,but now she is maybe going by herself,Can you suggest how we will do this ,her case of ancillary relief is on 24th march We sent her mine family witness and want to send my other two daughters witness ,Now no solicitor.

if you please suggest what and how we should do?..Thanks

......she was saying she has to summit papers on 9th.

Expert:  Clare replied 2 years ago.
Hi
Why is she no longer using a McKenzie Friend
Clare
Customer: replied 2 years ago.

Thanks.. I called her yesterday and she was telling she has an appointment with him .... let us see ,Dear Clare ,can u suggest her for this matter? May be it will help her,,

there is one more issue her bail date is on 27 march and ancillary relief case is on 24 march,Will it effect on her case? Any suggestion please..

Thanks again,

Expert:  Clare replied 2 years ago.
Hi
What contact is she having with her children at the moment?
Clare
Customer: replied 2 years ago.

Hi, she had supervision contact for 1 hour till january 2014 after that from april it stopped . She is very upset just called me and was saying she can not live without children .It is very difficult for a mother to live without kids against god rules,,

I think I have told you all the necessary points now Please suggest something Thanks

...

Expert:  Clare replied 2 years ago.
Hi
It is very hard to understand what has happened from what you have said.
I am concerned about the fact that so much seems to be going on all at once and your daughter has limited assistance
I am not sure what her current living conditions are - but she is still entitled to a share of the family assets and sufficient funds to establish a new home - even if she has to wait for her full share until the youngest child is 18.
I am also concerned that her contact has been stopped - she should fight to re-establish this as soon as possible although this may need to be looked at after the criminal issues have been resolved
Please ask for more help if you have further information
Clare
Customer: replied 2 years ago.

HI ,thanks for the reply,just want to ask as if in mortgage property in which her contribution is household work and to serve family leaving her carrier, nothing else as financial contribution from her or parents side,she will get her share as justice..or she will tell to give the mortgage first?

pl this is my last question may be.

Waiting.....thanks a lot for giving us some hope..

Expert:  Clare replied 2 years ago.
Hi
Your daughter is still entitled to a share of the matrimonial home - but the priority is the housing needs of the children so your daughter might have to wait for the bulk of her share until the youngest child is 18
Clare
Customer: replied 2 years ago.

Thanks Clare,,

can u please tell why custody has been given to her husband and based on that ancillary hearing will also be getting effected ..and ..as if her issues with the police resolve..she wants to appeal the decision made by country court regarding her kids matter...can she appeal .

You helped really a lot...thanks...waiting

Expert:  Clare replied 2 years ago.
HI
The children cannot return to her care whilst the criminal charges remain outstanding.
Once those have resolved if all is well she can certainly apply for more contact
Clare
Customer: replied 2 years ago.

HI...Thanks Clare

She from june 2013 is out of the house and she came to India 2-3 times and had her case ,me and my second daughter are giving her finance, After some time she had started her living there on benefits ,,,,Thanks to UK government- she had claimed for maintainess but till now not getting .....IMP-.But if she will get her share so late ---- can you suggest on which bases at least she can get her monthly maintains as if benefits stop then again she will be in difficulty ,, because of her bail she may not get good job..

Thanks Clare for giving me suggestions so patiently.

Expert:  Clare replied 2 years ago.
Hi
The fact that the children live with her ex is a problem when it comes to maintenance
However he is no doubt a high earner so she shoudl get some provision
Clare
Customer: replied 2 years ago.

Thanks Clare

She wants to be in UK only and wants to join me there ,as I am a widow and she is alone there .Can after some time on these bases I get citizenship?... As you know they do not want to give her anything,She had a car and was driving it and lost her slandered of living at all,he is not ready to give her car even .. how can your law will help her without legal aid and pl suggest some points anything to convince Honorable judge that she is in bad circumstances and really need help ... till now our all efforts gone in vain ...That is why I asked you ...

Expert:  Clare replied 2 years ago.
Hi
I am afraid that there is little chance of your joining your daughter here
I am concerned that the financial issues are going ahead before your daughter knows if she can resume her employment BUT she can use that as a reason for her needing spouse maintenance for at least two years whilst she re-establishes herself
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Clare, yes now everything depends on her case how they understand the false charges..her own children the most adorable to her are far as you know mother concerns towards her children ....he was far from them and was busy in study doing job only she was doing everything and when he stared earning . he did this ,

He used to hit her so many times but her family sake she did not complaint and after her father death he throw her ...we feel helpless He has a good lawyer too and showed him domestic violence victim,,

Can you please suggest her for her 24 march ancillary relief case and her 27 march with police... Thanks for helping.

Expert:  Clare replied 2 years ago.
Hi
She needs to try and adjourn the Financial hearing on the basis that her financial position cannot be settled until she knows what she can earn
Clare
Customer: replied 2 years ago.
HI Clares
Thanks,can you suggest me more on her present conditions as she wants her financial conditions to be settle..for her hearing,,means some more your helpful..guidance..
Expert:  Clare replied 2 years ago.
Hi
What is the value of the assets and debts and what income do her and her ex each have?
Clare
Customer: replied 2 years ago.

ggg

Expert:  Clare replied 2 years ago.
Hi
I am sorry?
Clare

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