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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2778
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Please help me I m Thai woman been married over 6 yrs and

Customer Question

please help me I m Thai woman been married over 6 yrs and been living in England since May 2012 I want to get devorce with my english husband because he had been force and make me scared of he angry behevior longtime,but please advice my language not good also we got 5 years old daugther I want to relocate to thailand ,but he wont let she go
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. In relation to the divorce, you would be entitled to pursue this under the fact of unreasonable behaviour and you can see the guidance and relevant forms here: https://www.gov.uk/divorce/overview

Regarding your daughter, as you are married your husband will also have parental responsibility for her and you would need his consent to leave the UK and relocate to Thailand.

In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the child's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a specific issue order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

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

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you