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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70215
Experience:  Over 5 years in practice
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I am currently on licence charge & have a daughter

Customer Question

I am currently on licence for cannabis charge & have a daughter in Thailand. I have been on licence for 14mths with 16mths till completed. I have been trying to find out if my or my daughters human rights will permit me to visit her in Thailand. Probation seem to keep fobbing me off by saying they will find out if i can travel. I havn't seen her now for 5yrs & she can understand how i can't visit her like i used to, my Thai & her English make it difficult to understand each other on the phone. Do we have a case for that our human rights are not being allowed to let me visit her.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Probation are refusing to let you travel?
Customer: replied 1 year ago.
They keep telling me they will look into it but nothing happens.
Customer: replied 1 year ago.
Would it be easier for me to call you
Customer: replied 1 year ago.
They tell me & it requires acceptional reasons to be given permission, i think to see her after 5yrs is reason enough I used to visit her 2-3 times a year but haven't seen her now for 5yrs.
Expert:  Jo C. replied 1 year ago.
I can do a phone call in about an hour but it will rack up the cost to you.Or we can carry on online?
Customer: replied 1 year ago.
Sorry, yes i noticed that lol, but while i need to find out i have also been laid of work for 2 mths so will have to forget the phone call.
Expert:  Jo C. replied 1 year ago.
No problem.Are you on standard licence?
Customer: replied 1 year ago.
Yes, i have no special conditions, other than have to stay at my address unless i notify the probation.
Customer: replied 1 year ago.
Just checked & besides living at home, i undertake work including voluntary, not travel outside UK unless given permission with exceptional circumstances & not have contact with co-defendant
Expert:  Jo C. replied 1 year ago.
Ok.The issue isn't that you are being prevented from seeing your daughter. The issue is that they don't want you to travel during licence to a country where we know drugs are despatched given the nature of your conviction.The Human Rights Act could apply but the right to a family life is one from which there can be derogation and the law detection and prevention of crime is one of them which seems to apply here.She can visit you though with the appropriate visas.Can I clarify anything for you?Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I was told simular ie the drugs scene in Thailand & don't think Cheyennes Mum being in Thai jail for drugs has helped. She lives with her Nan there at the moment. I did try to bring her over yrs ago when her mother first went to jail but the embassy came out with how do we know its the mothers signiture giving me full parental control, even with me getting solicitors out there to go to the jail for her to sign. My mother went up to the embassy in UK to see why & after she had spoke to them they said oh we didn't realise that. Makes me feel bitter & must say should have been a better father as regards ***** ***** law. This is worse than any prison sentence i have been given. Thank you anyway & i know at some stage i'm just going to go, wether i have to go to jail again or not. Thank you again for your help, at least i have got some alternative answers to probo.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/