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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Immigration Law
Satisfied Customers: 725
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Thanks reply.I now want to know how i should proceed further

Customer Question

Thanks for your reply.I now want to know how i should proceed further in such case.My husband is not aware of the steps i am taking due to my and my daughter's security reason.So if i file in family court for the permanent removal my daughter from the jurisdiction then my husband will know about it as i am currently staying with him.Send question is shall i still apply for my daughter's passport .And finally how long is this entire process going to take place approximately.As i am not aware of the court system in uk.I am quite nervous. Please guide me through this process.
Submitted: 5 months ago.
Category: Immigration Law
Expert:  ukfamilysolicitor replied 5 months ago.

Hello

I cannot advise you in respect of your daughters passport as that is not my area of specialism - but it makes logical sense to have an Indian passport in place so as to assist in your application to remove from the jurisdiction.

Unfortunately you cannot make such an application to court without your husband knowing. The court will send your husband a copy of your application before the first hearing and he will heavily be involved in the court process and a big part of the courts decision making process.

These types of cases are not easy. The case law has recently changed and the court will need to be satisfied that a move to India will be in your daughters best interests.

You can expect such a court case to last several months as the court will ask a childrens officer to undertake a full report and make a recommendation.

You are suppose to refer such a case to family mediation before you can apply to court. There is an exemption if you are a victim of domestic violence but you will need to get evidence to prove this first.

You wont be able to get legal aid if you have over £3k in savings.

The court form you need is this one:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/c100-eng.pdf

You are asking the court for permission to permanently remove your daughter from the jurisdiction.

There is a court fee of £215. You send the completed form to your local family court and they will list the case for a first hearing. Your husband will receive notice of this.

Let me know if I can help you further.

I am signing off for this evening but will log in again tomorrow.

Kindest Regards

Caroline

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