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SolicitorRM
SolicitorRM, Solicitor
Category: Immigration Law
Satisfied Customers: 4204
Experience:  Director and Principal Solicitor. UK
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This is about harassment / blackmailing, immigration and a 3

Customer Question

This is about harassment / blackmailing, immigration and a 3 Y/O in the middle of the mess of it.
I am the father (also in the birth certificate) of a 3 Y/O boy who is born in UK. He is German because I am. I have right to stay in the UK also after 31-12-2020 already.
I left my ex-partner by leaving the shared flat. She is herrassing (?) me since with calls, messages and demands on Skype, WeChat, email and on the phone.
We had a verbal agreement that I would take our son for the weekends, she would cover weekdays (during the day he is visiting a nursery from ~8 AM to ~6:30 PM).
Now my ex-partner (Chinese) demands me to take care of our 3 Y/O son not just for the weekend but also the entire next week. She wrote "You know I can do more than that to close down" - she refers to rooms that we rent out and she wrote she would just trow out the occupant if I don't do what she demands. She is also requisitions the money from the rented rooms to be transferred to her account.
I am wondering what I can do to make her stop and be in peace. Sometimes I would not mind being hit by a bus.
Can I have her removed from our flat (We are both on the tenancy, not sure if I can be seen as the main tenant.)?
Can I have her removed from the UK (She received a Residence Card because she was my un-married partner).
I would be OK with taking care of our son, because that would be probably the best for him even so I initially did not want to have a child (due to the responsibility), which I told her before and in the beginning of the pregnancy (In at least one case I had sex with her without actually wanting to).She also wanted to "give him (our son) to the authorities" but I would not want him to have to grow up in a children's home or foster care.Please advise
- is that black mailing?
- what can be done regards harassment?
- how quick would immigration act if it turns out she lost her immigration status?Thanks
Submitted: 13 days ago.
Category: Immigration Law
Expert:  SolicitorRM replied 13 days ago.

Hi thank you for your enquiry and patience.

1. Immigration - if she is dependant on you and you do not want her to remain in the UK you can advise the home office that you are no longer together anthey will curtail her permit and she would be required to leave.

2. If you are tenants as opposed as owners of the property, are you subletting? If so is it with the landlord's permission?

3. What she is doing yes can amount to blackmailing or harassment and you can send to her a Cease and Desist letter and warn her that if she does not stop you will apply for an injunction order against her.

4. If you own the property as opposed to being tenants you can apply for an Occupation Order in Court and a non-molestation order, this can order that she leaves the property and you stay in the flat with your son.

5. For your son you need a formal arrangement in place in order to stop the blackmailing. You will be required to engage in mediation first and if that fails you will be able to file the C100 form for child arrangements order in your local family court and this will say the arrangements in place for your son.

I hope this helps and all the best

Customer: replied 13 days ago.
That all sounds like it takes a long time.
Customer: replied 13 days ago.
In the meantime she will continue harassing me. How can I actually stop her? It does affect my ability to carry out my job duties. It makes me very angry.
Expert:  SolicitorRM replied 13 days ago.

It really does not. It only sounds a lot because you have asked a lot of questions which fall under different areas of law. What is your priority and perhaps I can guide you on just that first.

Customer: replied 13 days ago.
I want her out of my life. I have no proper proof and I am not an expert, but it seems our son is also in a better mood when he is with me (now not just for the weekend but also for the current week).
I am looking for the smoothest way for myself and if possible for our son to have a good life. That is probably for both of us without her. But she does not want to be without me because I am fixing her problems (legal and bookkeeping issues in her company), take care of our son, make breakfast and dinner, do the laundry and washing up. To some extend that was OK, but not if it's always just me and I am getting nothing in return.
Expert:  SolicitorRM replied 13 days ago.

So you can start by applying for an injunction order so that she does not continue to harass you.

You would then apply for a child arrangements order where you ask the court to allow you to have your son and she can seek contact.

Customer: replied 12 days ago.
That sounds like it takes some time, no?
Expert:  SolicitorRM replied 12 days ago.

Regrettably with litigation it can take time, however injunction orders are urgent by their nature so courts will do their best to dispose of them as quickly as possible.

Customer: replied 12 days ago.
What time frame are we looking at for an injunction order ?
Expert:  SolicitorRM replied 12 days ago.

With the current pandemic the Courts are very reluctant to give any timeline because of the backlogs. I would say for an urgent application it can be a week, if they do not consider it urgent you could be looking at a month. But your local county court is able to give you a realistic timeline based on their current caseload so you should give them a call.