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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8041
Experience:  Barrister at law
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In th uk due to domestic abuse. The marriage is only 3 years

Customer Question

In th uk due to domestic abuse. The marriage is only 3 years a a fee months.
JA: What steps have been taken? Have any papers been filed in family court?
Customer: We have a 2.5 year ikd daughter. I have hardly any money left as I soent my savings escaping from him dyring our volotile marriage. He also sold the family home this defember behind my back. I knew it was on the market but had no idea about the completion until 2 weeks beforehand. He told me he'd sell.and fins us somewhere to rent. He hasnt. So ky question is if the money is in france 120k from the sale of the house. Is there anyway i can find out where its gone? Also and my main question- he has savings in france but i have no idea of where or what bank, he also has property, is therr anyway i can find out those details? Can you help? Thanks. Merci!
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Uk
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 20 days ago.
Category: Family Law
Customer: replied 20 days ago.
I just remembered, he wanted to buy in France but he told me french law means if married im automatically 50 percent owner? So he refused to buy. But i wonder if he has? He is a pathological liar.
Is there also a way to find out if he's got our 2 year old a french passporr ? Or bank account? As he said he out 10k into her account. But i believe he's just laundering the miney from the sale of the house.One more thing please , if he takes our daughter to france,can ge legally keep her there? He's said it's against the law between UK and Framce and that interpole would arrest him. I told him I'd want that agreement to go through court, he insists it's against the law and he wouldnt do that. I dont believe him, but can you confirm with way please? Thanks again.
Expert:  Virtual-mod replied 20 days ago.
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Expert:  plclegal replied 20 days ago.

Hello, my name is*****’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

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I'm reviewing your question and will revert back to you shortly. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

Please be patient with me as I am generally assisting multiple customers at once! Thank you.

Customer: replied 19 days ago.
Thank you
Expert:  plclegal replied 19 days ago.

You have a lot of questions on this thread so I'll try to deal with them as best I can.

For starters, your marital home and the proceeds of the sale are joint assets. So he should not be able to dispose of this without your consent.

If you are concerned that he will hide/ spend the money that is rightfully yours, you can ask the court to freeze any assets in his name.

You would need to apply to court for a divorce to be able to do this though. You have grounds on the basis of  domestic abuse, which falls under "unreasonable behaviour" as far as the petition itself is concerned.

You are also exempt from mediation as a result of domestic abuse, so you file the financial order application at the same time os the divorce petition ticking the mediation exemption in this form.

The divorce petition is here: https://www.gov.uk/divorce/file-for-divorce

The financial order form is here: https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order

Once you have the applications in court, the court will order financial disclosure and he will have to reveal what he has and where.

As regards ***** ***** year old, normally both parents would need to sign a passport application form.

You both have equal parental responsibility under UK law, so you have to agree on where she lives. If he did take her out of the UK without your approval, you would have to file a Hague Convention application for her to be returned if he refused to bring her back. It's not illegal for him to take her to France, but doing so without your agreement is against the law. Do be aware that these type of cases can take months, sometimes years to resolve though.

If you feel that he may try to take her without you agreeing, then you can apply to the family court for a prohibited steps order, preventing her from being removed from the jurisdiction.

The form for this is here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

I hope that this answers your questions?

Expert:  plclegal replied 18 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 18 days ago.
Thanks again.
Expert:  plclegal replied 17 days ago.

My pleasure. Take care.