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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife has falsely acused my mother of domestic violence,

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My wife has falsely acused my mother of domestic violence, i have wrote to the home office and told them that me and my wife are seperated. They replied saying they wont curtail her visa. What should i do next?
Hi, thanks for your question. I am a qualified solicitor.
Who has she alleged this to? The police, home office or family court?
Customer: replied 2 years ago.
She has alleged my mother and the police have done there investigation and dropped charges. But i believe they will try to go to next step on mental abuse. And try to get her stay in the uk.
Customer: replied 2 years ago.
The police
The home office can accept evidence of domestic violence to assist an application to remain in the UK. It is possible that she has relied on the police involvement, however she would require you to be cautioned or charged to rely on this in a full application (eg. an application for ILR)
Harris and other Law Specialists are ready to help you
Customer: replied 2 years ago.
So whats the next step i should take? Who do i contact? I mean i dont kno who to contact. She is also pregnant. Sorry i dint mention earlier. Is that gona affect her chances of stay?
Customer: replied 2 years ago.
Are you still there?
Thanks for the further information. The pregnancy will not necessarily help her.
Under what visa is she in the UK?
Customer: replied 2 years ago.
Under spouse visa, she arrived in the uk end of october 2014. Baby is due end of february
Thanks. UKBA make their own decisions based on the circumstances of the case, and they have obviously decided against curtailing the visa which could be due to the alleged domestic violence or on compassionate grounds.
Customer: replied 2 years ago.
So what do i do now?
Customer: replied 2 years ago.
All charges against my mother have been dropped
Customer: replied 2 years ago.
Can i appeal against the decision?
The immigration issue is to be dealt with by UKBA and there is nothing you can do in relation to that.
If she has alleged domestic violence to the police then it will be in your interest to prevent further allegations arising, therefore ceasing informal contact with her. I do not see there being any other option for you.
The only thing you can do is provide the UKBA with the information regarding your separation which will impact her spousal visa, but ultimately it is their decision whether to curtail or not.
Customer: replied 2 years ago.
I have not contacted her since the day she left with the police. She is lieng to the police so she can get residence in the uk. False acusations. So theres nothing else i can do?
You will need to leave it with the UKBA. The police will feedback to them regarding their investigation.
Customer: replied 2 years ago.
Will i get informed if she is sent back to her country? Is there any possible way to resolve all this with out it getting any messier as in having to go to court etc.
The UKBA should be keeping you informed regarding changes to her status. Again, regarding the immigration matter there is nothing further you can do.
However, you should think about the wider family aspect, such as a divorce and children matters once the child is born - if she were to be deported then you will not have a rdirect elationship with the child.
Customer: replied 2 years ago.
Should i get a divorce now or should i wait for the child to be born? Or wait for ukba?
That is a decision for you to make. If you were to pursue a divorce now then you can only rely on unreasonable behaviour, or if appropriate adultery. A divorce will not impact your rights as a father.
Customer: replied 2 years ago.
If i was to get a divorce, what will be the chances of me getting custody of the child?
The divorce will not have an impact on that. The children matter will be considered separately.
Customer: replied 2 years ago.
Yes i am aware of that. But what the chances of me getting custody? What will the judge look for?
The judge will consider the welfare checklist when deciding on making an order, which is:
1. The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings
Customer: replied 2 years ago.
Thank you for the answers you have provided. It has lowered the amount of stress i had. And given me an insite of the options i have in the future.
I am glad to hear that. Good luck and please do feel free to come back if you have any questions in the future.
Customer: replied 2 years ago.
Can i ask you 1 final question?
Of course
Customer: replied 2 years ago.
Iv heard my wifes uncle is arriving in the uk. And i believe he will try to come to the house and try talking. If he comes whats the best option? Ring the police? And if so what should i say to them?
I think you should only call the police if there is risk of an incident or if you feel threatened. You do not want the police making a record of irrelevant call outs to your home as these will be recorded in their papers.
Customer: replied 2 years ago.
Ok so if i was to ask you more questions in future how would i do it. This is 1st time i am using this website. Would i come back to this convo or start a new question? If i start a new question how do i get you to advise?
Thanks - it will be a new question and you can ask me directly here: http://www.justanswer.co.uk/law/expert-london-solicitor/?rpt=3800 or start your message FOR HARRIS
Customer: replied 2 years ago.
Whats my wife entitled to claim for me?
As part of divorce proceedings she is entitled to.cla.for financial relief for financial support as well as child maintenance.
Customer: replied 2 years ago.
Whats cla? Maintenance is gona b about tt a week. What about assests? Like my house, she can only claim what i have paid towards the house and not the outstanding balance right?
Apologies that should have read "a claim" not cla. How long have you been married? She would be entitled to make a claim to ensure that she and the child are housed in suitable accommodation. The court's first priority is for the needs of the child to be met. However, I would not suggest you worry about this now and you can deal with it if you decide to issue court proceedings.
Customer: replied 2 years ago.
We have been married 2 and half years. Shes only been in uk jus over 1 year
Thanks. Given the shortness of the marriage this would be an argument to prevent her obtaining a share of your assets however given that there is now going to be a new child int he picture, that child's needs will take priority and if she is the main carer she has a good case to make a claim against you for financial support so they are both housed and their needs met.