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Immigration Warrior
Immigration Warrior, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 1418
Experience:  Immigration Consultant/Supervisor at Chatham Chambers solicitors
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My wife and I are both Indian citizens working in the UK. We

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My wife and I are both Indian citizens working in the UK. We got married in India. My wife is currently holding Tier 2 gen work permit.Our baby was born in India (Dec 2018) following which my wife’s attitude changed dramatically. She along with her family’s support refused to provide access to our child. I have not seen my child since end of Jan 2019. My wife has blocked me from all means of communications and I have been trying to obtain my daughter’s whereabouts and ascertain her safety.Despite trying through family, friends and lawyers my wife refused any access quoting relationship breakdown as the cause. My wife has filed for divorce in Indian family Court.
Having realized her true nature, vehement cruel intentions, hostility and adamant behaviour and in order to ensure that I remain in my child’s life as a father, I filed petition seeking guardianship and custody along with interim reliefs in the form of 1) Visitation rights, 2) Injunction preventing my wife from taking the child outside the jurisdiction (India) and 3) from obtaining any official documentation including but not limited to the passport for the child without divulging my details and without prior consent/intimation to me in the Family Court.However my wife Since filing the divorce petition (June 2019) has been evading court proceedings through lying to the court, hiding, deliberately not receiving petitions/summons and failing to attend court causing delays.I came to know that she had obtained official documents (passport) without my consent and has given my daughter a new identity and this is despite knowing that injunction petitions have been filed from my side.Recently we had family court counselling in India at which point my wife showed the counsellor picture of her living with our child in the UK along with her parents. She then went on to challenge saying, “you'll never find or see my daughter”.1. How could she bring the child to UK when I have filed interim petitions in India? Is this not illegal?
2. Can she apply for a UK visa for my child without my consent? Maybe she lied and forged my signature of the visa form ?
Can I take action by filing a strong complaint to the UKVI?Since Jan 2019 I have been trying to find out the whereabouts of my child and her welfare. This is traumatising.I would like to take a strong action against my wife. Please advise on the steps.

Hi

Further to your question, if you are both living and working in the UK you can commence family proceedings against her wife and a Judge may order her to provide the information in relation to the whereabouts of the child.

Kind Regards

Customer: replied 1 year ago.
Thank you. But my questions is in terms of filing complaint at UK Visa and Immigration1. How could she bring the child to UK when I have filed interim petitions in India? Is this not illegal?
2. Can she apply for a UK visa for my child without my consent? Maybe she lied and forged my signature of the visa form ?
Can I take action by filing a strong complaint to the UKVI?

Hi

Can I just confirm whether you are both in the UK on Tier 2 visas and your visas are not dependent on each other.

Kindly note that she can bring the child to the UK without your permission if she has submitted an application for him as her dependent. She could have stated that you are separated and she has sole responsibility for the child.

You can contact the UKVI however I am ensure as to what you want to achieve.

Kind Regards

Customer: replied 1 year ago.
My wife is on Tier 2 general work permit and must have brought our child as her dependent.However the case is still onging and the court has NOT given her a sole custody.
Secondly I have filed petition seeking guardianship and custody along with interim reliefs in the form of 1) Visitation rights, 2) Injunction preventing my wife from taking the child outside the jurisdiction (India) and 3) from obtaining any official documentation including but not limited to the passport for the child without divulging my details and without prior consent/intimation to me in the Family Court.
Since Jan 2019 I have been trying to find out the whereabouts of my child and her welfare. This is traumatising.What I want is to find out if I could complaint to immigration department that my child has been abducted and unlawfully retained in the UK.

Hi

Are you in India or the UK?

Kind Regards

Customer: replied 1 year ago.
UK

Hi

In that case, in relation to a possible abduction charge you need to issue family proceedings in the UK. You can write to the Home Office however it is not in their jurisdiction to investigate an abduction.

Kind Regards

Customer: replied 1 year ago.
Thank you

Hi

The Hague convention deals with child abduction and as the child is possibly in the UK you can issue proceedings under this convention.

https://www.hcch.net/en/instruments/conventions/specialised-sections/child-abduction

Please do accept my answer in order for Just Answer to credit me for the advise that I have provided you with today.

Kind Regards

Immigration Warrior and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you. will do