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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I am currently going through an acrimonious divorce in the

Customer Question

I am currently going through an acrimonious divorce in the Cayman Islands, a jurisdiction of the UK.
Due to certain circumstances I am unable to remain in Cayman in my own right.
I have been on my husbands work permit, as a dependent, along with our 3 children, however once the divorce is final I must either apply for my own residency or leave.
I do not qualify to remain here as I do not meet the immigration requirements of owning a property in my own name, have enough sustainable money in the bank or have secured a job or prove a sustainable income.
My husband forced the sale of our properties and he must now reinvest in the island to the same amount or risk being asked to leave by immigration. Reinvesting in the island to the same amount previously invested, as required by immigration, will consume the majority of his income/salary. He is unwilling to give myself and the children a sustainable and realistic income. I have not worked since arriving on the island in 2003 and have raised our children. I have been told by an immigration attorney here that I do not qualify to stay so I am lodging a permanent removal application for the children to go back to my native country of Australia. We do not have clear cut human rights law on the island and my question is, if I do not qualify to stay and in the unlikelihood that the removal application is refused, what human rights do I have available to me?
Can I be forced to remain in Cayman? Can the children be forced to do the same?
My husband is a partner of the second largest law firm here on the island and earns over $500,000.00 C.I. per year including bonuses. He has only offered $3000.00 C.I. for child maintenance : $1000.00 each plus education for the 2 oldest children. He has offered a Mesher proposal of a home for us to live in until our second child turns 18 in 6 and a half years. That would leave myself and our youngest homeless and destitute by 2020. I am a trained Montessori teacher but have not worked since we left the UK in 2003. The Montessori wage here is $1500.00 C.I. p/m. A hopeless amount for sustaining general living expenses for myself, let alone 3 children. Out outgoings since 2003 have been on average, $17,000.00 p/m including all life costs, education, utilities, rent/ mortgage, food, petrol, outings, holidays, hobbies etc...
My husband cut us financially in February 2014 to try and force me into accepting a settlement proposal that was unrealistic and would have us living in forced isolation. I did not accept that proposal and he cut us off. I went into court for maintenance and due to human error did not have the correct proof of life expenses, therefore I was allocated food money only. I had to borrow $11,000.00 c.i. to sustain myself and the children until I could get back into court to address the maintenance again. We had a better result however my attorney at that time failed once again to bring in the correct papers showing life costs. My question here is, What human rights do I have personally as a single mother to have time off from my fulltime role? ( my husband will not help with looking after the children and their relationship has been badly fractured due to his unhealthy behaviours and choices towards myself and the children).
What human rights do I have to freedom of movement? I will not have enough money to leave the island on the proposal my husband is putting forth, for vacation or otherwise.
I am trapped financially and feel that I need the help and professional assistance of a human rights expert. Kindest regards, Amanda
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
Thank you for contacting JustAnswer.co.uk.
It was brought to our attention that you asked a legal question about the Cayman Islands, where we do not have active professionals. One of UK family law Experts has advised that the question cannot be dealt with under UK law. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.
At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.
Please let me know how you’d like to proceed,
Nicola
Customer: replied 2 years ago.

What about on the scope of human rights as an individual and single mother. What sort of time off or assisted help is one able to ask for with regards ***** ***** children?

my husband will not provide his own help or provide money for help.

There are no human rights laws here and we are under UK law.

Also, can we be made to stay here in cayman against our will?

Expert:  Nicola-mod replied 2 years ago.
Hello,
I am sorry but I have been informed by one of our Family Law experts that an answer relating to UK law will not be accurate - and we do not have any Cayman law experts who can help.
Would you like me to see if I can find a researcher who may be able to assist?
Thank you,
Nicola