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INC Law
INC Law, Solicitor-Advocate
Category: Family Law
Satisfied Customers: 14906
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My sister is married with 2 children and lives with her

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Hello! My sister is married with 2 children and lives with her husband in UK. They all hold PRs in the UK. If they seek a divorce, can they do it from the UK or do they need to return to Malaysia (their country of origin where they also got married) to process the divorce?
JA: What steps has your sister taken? Has she filed any papers in family court?
Customer: None.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your sister live in?
Customer: She lives in Hove. But she and her husband are originally Malaysian and was married in Malaysia. Can they seek divorce in the UK as they are PRs in UK? Or do they need to return to Malaysia?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Connect us to?

Hi,

Thank you for your query. Are all the parties to the marriage resident in the UK?

Customer: replied 6 months ago.
Customer: replied 6 months ago.
Since I am now enquiring for my sister, i am just helping to obtain some general information first.

Hi,

If all of the parties to the marriage are habitually resident in the UK, Divorce would have to be applied for within the UK and NOT Malaysia.

Divirce proceedings should be initiated in the UK by either Party.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 6 months ago.
I comfirm that EVEN THOUGH they are married in Malaysia, they can apply for divorce directly in UK because they are PR and living in UK - right?

Hi,

Yes. If they are both in the UK, they MUST apply in the UK. If one was in Malaysia, it could have been done in either country.

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks

Customer: replied 6 months ago.
If my sister file for divorce at the family court? What will happen? Can they husband kidnap the kids and run away with them back to Malaysia? And they are currently living in the same house.. what if the husband turns violent?
Customer: replied 6 months ago.
When my sister file for a divorce, can she stop the husband from leaving UK with her children without her permission? The kids are 8 and 5 years old.

Hi,

No, the husband cannot kidnap the kids. If she is worried about this, she should apply for an occupation order and custody of the children as soon as possible.

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks

Customer: replied 6 months ago.
What do you mean the husband cannot kidnap the kids? If she files for divorce and "occupation order and custody" at the same time, how long will it take to take effect? What if he takes them to the airport with their passports and board a plane with them, who can stop him? The children are too young to resist the father's command and manipulation.

It takes effect immediately.

As I have answered your original question, kindly rate the answer and provide feedback. Your question will not close and I will be happy to answer any follow up questions.

Many thanks

Customer: replied 6 months ago.
Can u also advise what is the typical legal fees involved in having a solicitor like yourself represent her in the filing?
Customer: replied 6 months ago.
how do i rate your answer? I don't see any button?

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions

There should be an ACCEPT or RATE button on your screen.

INC Law and 2 other Family Law Specialists are ready to help you
Customer: replied 6 months ago.
Hi Sorry I didn't give u a tip yet bcos I stil need to clarify a few matters with you. ist that ok?
Customer: replied 6 months ago.
R u saying that she can file an INSTANTANEOUS order that would stop the husband being able to remove the children from the UK? How is this done? I mean? Will there be a special stamp put on their passports?!

Hi,

Yes. She would need to go to her local county court and make an application for a non-molestation order and occupation order.

Once she has this, she can be assured that she will.be in the proeprty and have the kids.

She can then apply for Divorce.

Most firms charge £750 upwards for a divirce.

I hope this helps

No stamp on the passport

Customer: replied 6 months ago.
Sorry.. i still don't understand how this can prevent him from kidnapping the kids out of the country. With the kids passport and the kids.. he can still bring them to the airport? R u saying the immigration department at the airport will be able to stop them if she has filed for an occupation order?!
Customer: replied 6 months ago.
currently they are all living in the same house. But we are not sure how he will respond if she files for divorce.. that's why we are trying to find out her rights and the protection she can get for herself and her children. Because he has threatened many times to take the children back to Malaysia with him if she tries to leave him.
Customer: replied 6 months ago.
this is the most important question for us.

Hi,

He cannot just take the children out on his own. Normally, a single parent taking children will be asked to produce either a letter from the other parent or a court order.

Therefore, he cannot just remove them from the country.

Further, the occupation order would state that he cannot remove them from the UK.

I hope this helps

Customer: replied 6 months ago.
the immigration at the airport will have a list of children that are protected under the occupational order?!
Customer: replied 6 months ago.
if he manages to kidnap the kids and take them to the airport, my sister will still have a hardtime to call the police and track them down right? Will the police be able to get the immigration to stop them from boarding the plane?
Customer: replied 6 months ago.
Assuming that she has the occupational order.
Customer: replied 6 months ago.
Actually, i tot occupational order relates to the family home. She is not so concerned about the house or him living in it bcos he has never shown physical violence so far. (only verbal and emotional abuse) But her only concern is that he will run off with the children to the airport.
Customer: replied 6 months ago.
pls explain to me how the occupational order stops him from kidnapping the children.

The occupation order relates to the Property. At the hearing, she can request that the children are not removed from the UK

If he then attempts to do so, he would be in contempt of court

Customer: replied 6 months ago.
If the dad were to travel with 2 kids to fly out of the UK. Will the immigration request for the permission of the mother since the mother is not present? I don't think he will care that he is at comtempt of court in the UK as he can just go back to Malaysia and never return to the UK.

Hi,

Yes, airlines generally ask.

Customer: replied 6 months ago.
if there is no letter with signature.. or a fake letter with fake signature?

That would then be a Police matter

Customer: replied 6 months ago.
If she finds the children taken and reports to the police immediately, is the UK system so efficient that it is able to inform the airport immigration at a very fast pace to stop the kidnapping from happening?
Customer: replied 6 months ago.
assuming she can show the police the court order that the kids cannot be removed from the UK.

Hi,

If she reported the incident to the Police, they should act immediately

Customer: replied 6 months ago.
OK. I guess the court in UK can also order the return of the children to UK as Malaysia and UK has a strong relationship as Malaysia is a commonwealth country. Can I know if the 750 pounds legal fees u mentioned is the minimum or the average fees?
Customer: replied 6 months ago.
But legal proceedings being legal proceedings can drag and the children will be suffering from the separation from their mother.
Customer: replied 6 months ago.
i think we need to find out from the police- how efficient they are to stop a parent from kidnapping his own children.
Customer: replied 6 months ago.
my last question is about legal fees.. is 750 pounds an average fee or the minimum?

Hi,

It's an average fee

Customer: replied 6 months ago.
Hi! I want to give you a tip, but it is confusing. The select button - 15%, 25% shows RM but the box where the number actually appears shows pounds... do u know if its RM or pounds?

Hi,

It should be local currency.

Customer: replied 6 months ago.
Hi! I have sent the tip. Meanwhile, can i ask you a few more questions?
Customer: replied 6 months ago.
If my sister files for divorce in the UK? What is her chances of getting custody of her children. Her husband is the breadwinner and she just started teaching piano on a part-time basis recently. She is an educated lady and should be able to find a full time job if she is separated from her husband but at the moment is a part time piano teacher. What are the main criterias the court will look at?
Customer: replied 6 months ago.
first question is 1) chances/criteria of getting custody

Hi,

Difficult for me to say without taking further instructions. However, based on the conversation in thread, she has a good chance of gaining custody.

The court looks at the welfare and best interests of a child.

I hope this helps

Customer: replied 6 months ago.
Second question is : What if my sister files for divorce and then her husband tells the court that he only wants to file for divorce in Malaysia. And that he insist on joint custody of the children and that the family must move back to Malaysia (bcos in Malaysia, he believe his mother(the childrens grandmother can assist him with the kids).
Customer: replied 6 months ago.
Oic. So u r saying that her current financial status is not the main criteria. Based on the best interest of the child, a joint custody is probably the best. However, if he insist to move back to Malaysia? How will that work?

Hi,

I cannot say what the court would do in this situation as I would just be speculating.

This would be a decision only the courts can make.

Customer: replied 6 months ago.
hmm.. i see. Ya. It can get quite complicated. Before a divorce, is there a divorce mediation team or counseling team that will sit with the couple to see if divorce is really the best option. If her husband is able to stop his verbal abuse, in fact, he is then a good father and husband.. so counseling is probably the best option for them before they truly seek divorce. But perhaps only when the wife files for divorce will he realise how serious the situation is and how harmful is the the emotional and mental stress of his wife.

Hi,

Counselling may be an option..There should be details available through your local family court

Customer: replied 5 months ago.
Hi Chatham, can i find out if you can recommend a legal firm that is expert or experienced with family law in Hove? TQ
Customer: replied 5 months ago.
Also with regards ***** ***** live phone call, can i know how many minutes will the call be?

Hi,

Up to ten minutes for the call. Where in Hove?

Customer: replied 5 months ago.
Her postcode is BN33RE. Meanwhile, can i have your phone number. Maybe my sister can call u directly.

Hi,

Calls have to be made through the site. Incan raiders a call request if that helps.

Customer: replied 5 months ago.
If you could recommend a good lawyer she can speak to in Hove BN33RE, it will be very helpful. Also give us your phone number? Or must we call using this portal?
Customer: replied 5 months ago.
o sorry.. just saw your reply.
Customer: replied 5 months ago.
Incan raiders a call request if that helps.
Customer: replied 5 months ago.
sorry. is this a typo? What do u mean?

Hi,

Sorry, that is a typo. It should read, I can raise a call request.

All calls should be through the portal.

Details of a family lawyer in your area can be found at the following link: https://www.bbc-law.co.uk/family-law-brighton/?gclid=CjwKCAiA58fvBRAzEiwAQW-hzY3dTgUIrp4tBsvY6g3ylzcuwJePLwZXAslWV1qz1GBsAcJ_YK6ABxoCxNsQAvD_BwE

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks

Customer: replied 5 months ago.
how do u raise a call request? Meaning that I need to give you a phone number?

I have raised a call request.

In the interim, as I have answered your original question, kindly rate the answer and provide feedback.

Many thanks

Customer: replied 5 months ago.
Hi! Sorry i reject because i have a question. If i pay the money, can my sister than can u directly via your UK number? Bcos i am in Malaysia and she is in the UK.
Customer: replied 5 months ago.
The worse part is that now she is sick and just and an operation last week so is quite weak. And she can't use her home computer bcos her husband is checking her phone and computer every day.

Hi,

If you Accept and provide a contact number, I will call her in Malaysia.

Customer: replied 5 months ago.
She lives in the UK.

That's fine. Incan call her in the UK

Customer: replied 5 months ago.
She is recovering from an operation.. she has not been able to sleep due to all the stress. The doctor has given her sleeping pills so I am not sure what time u can call her. I just realised that she doesn't dare to use her phone as her husband is constantly checking her phone. Can u call my parents Whatsapp number?
Customer: replied 5 months ago.
Let me wait till she wakes up and comfirms that she is ready to talk to u.

Sure

Customer: replied 5 months ago.
my parents have flown to the UK and is now taking care of her. They are very worried about her mental state... they feel she is on the brink of emotional breakdown. The doctor has requested her to speak to Women's Aid... i believe she has also been requested to report to the police... i m not sure what actions she has been able to take last 2 days. Luckily my parents flew in to the UK.
Customer: replied 5 months ago.
TQ will keep u posted

I look forward to hearing from you

Customer: replied 5 months ago.
Hi! Can we speak in about half an hour? i can call you then. My sister has asked me to speak to you and to record our discussion. because she is too weak and tired. Apparently her doctor has put her in touch with women's aid and they have advised to move her to a shelter. So I need to find out from you on the legal side the repercussions. At this point, she just wants to recover in peace and quiet and have her children be safe with her and not under the influence of the dad who accuses her of extramarital affair in front of the children where there is NO affair.

Hi,

I will be available after 2:30pm. Kindly ACCEPT the call request and provide a number.

Many thanks,

Customer: replied 5 months ago.
Hi! Can I pay for your service and you call her UK phone number? She couldn't talk over the weekend as her husband is home. She has been advised with 2 options 1) occupational order -which u also advised 2) to go and stay at a women's shelter for 6 months. Because she has had no chance to go to a lawyer (she has an upcoming lawyer appointment only Thursday which is too long from now), she needs some legal advise now on the repercussions of her actions and what are her chances to get custody of her children + have the children remain ONLY in UK with her whilst they are minors because if they come back in malaysia, he can convert to Muslim and use all kinds of back handed method to change the court in the UK for custody.. so she has to convince the court to give her custody. I am not sure if she has decided on a divorce or just temporary separation. This she will discuss with you directly. Can I know when u r available to call her?

Hi,

I have raised a call request

Kindly accept to enable me to make the call.

Customer: replied 5 months ago.
Hi! I will speak to your directly on behalf of my sister because she has no privacy to speak at home. I accepted your offer, but I am not sure if it means my credit card is automatically deducted? Anyway, I am waiting for your call. Pls message me b4 u call. I m sitting in front of my computer for the next 1 hour. TQ

Kindly provide a contact number

Customer: replied 5 months ago.
i tot u will call me with this website?
Customer: replied 5 months ago.
my mobile number is +60123189341. It's also on Whatsapp if its cheaper for u. I tot u will call using this website?
Customer: replied 5 months ago.
i am waiting for your call when u r ready. TQ
Customer: replied 5 months ago.
Hi! R u calling soon?
Customer: replied 5 months ago.
my house phone number is +60379312241 which ever is easier for u. Urgently need to speak to u. TQ
Customer: replied 5 months ago.
Or u want my sister to call u at***********in UK?! Pls reply!

Hi,

Sorry, I have been in meetings this morning. I will give you a call after 12:30pm GMT.

Kind regards,

Customer: replied 5 months ago.
Great! Talk to u at 12:30pm GMT

I will be calling slightly later at 1pm.

Many thanks,

Customer: replied 5 months ago.
OK. Talk to u at 1pm. i will wait for u.
Customer: replied 5 months ago.
pls send me a text b4 u call.. cos i have young kids. i might need a few minutes to let them "leave me alone" ha ha
Customer: replied 5 months ago.
Customer: replied 5 months ago.
Hi! Can my sister call u for urgent advise?

Hi,

We have already spoken. If you wish for another Call, this needs to raised through the site

Customer: replied 5 months ago.
How do I raise a call?!

Hi,

You need to ask a new question and raise a call within the question

Customer: replied 5 months ago.
Previously u sent me something I could click on...
Customer: replied 5 months ago.
Omg I wil try

That has now expired