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Ask Harris Your Own Question

Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1764
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm illegal in this country and my son is British I'm

Customer Question

I'm illegal in this country and my son is British I'm applied to court for parental responsibility order and my ex told the cafcass that I'm illegal and I only want to use my son to stay in England. I'm scared to attend the court and I might be arrested
by the immigration. Please I need advice
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.
Hi, thanks for your question. I am a qualified family law solicitor.
The family law proceedings will be held in private and all information shared between parties/cafcass are not disclosed to the public unless ordered by the judge. It is highly likely that the judge will direct for there to be enquiries with the Home Office regarding your immigration status. It is therefore important that you immediately take steps to apply for leave to remain in the UK for purposes of contact with your child.
Please let me know if you have further questions about this. Please rate positively if you found this information helpful.
Customer: replied 11 months ago.
I'm not on his birth certificate and there's no proof I'm a father. I applied to court last week for a declaration percentage which will involve dna test. I'm thinking to cancel the case in family court and wait for declaration percentage
Expert:  Harris replied 11 months ago.
I do not think that withdrawing the parental responsibility application will help - as the hearing can be adjourned whilst the declaration of parentage is disclosed. If you are the father then this will assist you in the parental responsibility application and would save you having to submit a new application.
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Please rate positive if you found this helpful.
Customer: replied 11 months ago.
I submitted parental responsibility application before declaration percentage, should I inform the family court about the declaration percentage and they should adjourned the hearing for PR. Can I be deported despire I have a child in uk and I have three step children?
Expert:  Harris replied 11 months ago.
The children will support your potential applications for leave to remain in the UK, but this has to be done urgently as there is a risk that you may be deported and have to submit an application for leave to remain from outside the UK.
You can write to the court to request an adjournment pending the declaration of parenting.
Customer: replied 11 months ago.
I was told I can't make application to remain without evidence I'm a dad. That was why I applied last week for dna court order so I could make an application with the Dna result
Expert:  Harris replied 11 months ago.
But you have a further child and step children which you can include in your application
Customer: replied 11 months ago.
Yes can I make application for leave to remain without dna or child birth certificate.
Customer: replied 11 months ago.
Can I make the application without a solicitor
Expert:  Harris replied 11 months ago.
Yes you can make the application without a solicitor, but a solicitor will be helpful to make sure that the correct criteria is addressed in the applicaiton.
I do not think you can rely on a child unless there is evidence that you are the father, especially if the mother is contesting this.
Customer: replied 11 months ago.
That was why I applied for dna court order, I will ask the court to adjourn the case and submit application for leave to remain with my sons birth certificate without my name on the birth certificate. Will that work?
Expert:  Harris replied 11 months ago.
No, you cannot rely on the birth certificate as you are not named as the father. You can rely on the dna results if that comes back confirming you are the father, after which you can continue your application for a parental responsibility order.
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Please rate positively if you found this helpful.
Customer: replied 11 months ago.
Thank you. Is it true I can't be deported if I have any court case in uk which is pending
Expert:  Harris replied 11 months ago.
No that does not prevent you being deported.
Customer: replied 11 months ago.
Last question, can the family court adjourn a hearing? Then continue after Dna is done and what reason should I give them to adjourn the case
Expert:  Harris replied 11 months ago.
Yes the court can adjourn the hearing or you can submit a consent order/agreement signed by you and the mother requesting an adjournment. The reason is that you are awaiting DNA results. If the hearing goes ahead, the judge is likely to want to see those results in any event.
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Please rate positively if you found this helpful.
Customer: replied 11 months ago.
Please do you know how court dna order works? How long does it takes?
Expert:  Harris replied 11 months ago.
Has the court directed for a paternity test to be undertaken, and if so which paternity testing agency did you use and have you given a sample?
Customer: replied 11 months ago.
Not at all. The court asked me to come for hearing, I do not understand and I applied for paternity test order
Expert:  Harris replied 11 months ago.
If the court has not yet directed paterntity testing then this should be requested at the next hearing. If ordered by the court this will involve you giving a sample, as well as a sample being obtained from the child, for the testers to undertake their work.
Customer: replied 11 months ago.
Alright thank you sir
Expert:  Harris replied 11 months ago.
Thank you - please rate positively if you found this information helpful.
Expert:  Harris replied 11 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively so that the question can be closed.
Customer: replied 11 months ago.
What happens if illegal immigrant attend family court?
Expert:  Harris replied 11 months ago.
As stated previously, it is highly likely that the family court judge will direct for there to be enquiries with the Home Office regarding your immigration status. It is therefore important that you immediately take steps to apply for leave to remain in the UK for purposes of contact with your child.
___
Please rate positively if you found my assistance helpful.
Customer: replied 11 months ago.
I applied for declaration of paternity so I could apply for leave to remain. There's no evidence to show I have a child and that's I will be going to court
Expert:  Harris replied 11 months ago.
Yes, as we have discussed, if paternity is positive then this will help your immigration issue.
Customer: replied 11 months ago.
Yes I'm going to court for it and that's why I need advice before I go to court for paternity
Expert:  Harris replied 11 months ago.
I do not think there is much more to add than what has been provided already above.

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