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LawyerAk
LawyerAk, Solicitor
Category: Immigration Law
Satisfied Customers: 1545
Experience:  Expert in Immigration and family law
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I moved to the uk with my wife and 2 kids from South Africa.

Customer Question

I moved to the uk with my wife and 2 kids from South Africa. We are living here on my eu passport and Eea family visa my wife met someone else online and was flaunting it in my face I have now moved out into my own flat
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: she is denying me any access to our children even when I pay child maintenance and there’s no maintenance agreement yet we are living in the uk with pre settled status
JA: Have you talked to a lawyer about the family visa?
Customer: she originally wanted to separate so that she could stay on my visa and keep claiming benefits but when I found out she met someone else I said no I’m filing for divorce. She has now made agenda against me falsely accusing me of being aggressive and abusive which is lies she has provoked and antagonised me to try get me to react ! The only reason she’s doing this is to stay in the country on my visa and keep claiming benefits
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I would ideally like her off my visa and help with getting access to see my children
Submitted: 17 days ago.
Category: Immigration Law
Customer: replied 17 days ago.
I am living in the UK my wife has filed for divorce through the uk government case number: ZZ21D30789 she is falsely accusing me of being aggressive and verbally abusive purely to stay on my visa and to stay in the UK claiming benefits. She is guilty of meeting someone else while we are still legally married and has constantly provoked and antagonised me to get me to react so that she can build her false case against me. I would like some help and advice on what I can do to get access to my kids and how I remove her from my visa. I tried everything to save our marriage but she has met someone else online and did not want to work to resolve things together. She has now become spiteful, nasty and is withholding our children from me.
Expert:  LawyerAk replied 17 days ago.

Good evening, under the Eu route if marriage has broken then until date of divorce then wife would cease to have rights under your visa.

Expert:  LawyerAk replied 17 days ago.

In regards ***** ***** children you can apply for a contact order for them mediation would have to be carried out first and if still not sorted will proceed to the family courts.

Customer: replied 17 days ago.
Hi ok how and where do I apply for a contact order?
Expert:  LawyerAk replied 17 days ago.

The application is called a C100. I will send you link with application.

Expert:  LawyerAk replied 17 days ago.

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

Customer: replied 17 days ago.
I did previously research that and I found the c100 form they it’s £100 is that correct?
Expert:  LawyerAk replied 17 days ago.

Application cost £215

Customer: replied 17 days ago.
163;215 that’s incredibly expensive!! I found it for £100 even that is expensive
Expert:  LawyerAk replied 16 days ago.

Unfortunately it’s £215 for c100.

Customer: replied 15 days ago.
Hi before I spend that much money on c100 form I would like to find out a few things. My wife has filed for divorce through the government HM COURTS & TRIBUNALS SERVICES case number: ZZ21D30789 I have responded to this divorce notice. My wife apparently has a date with them on 19th May about custody and maintenance, should I not be informed about this date or be present as I feel that it’s unfair that she will have her say and they might make decisions without hearing my side of the situation. What do I do?
Expert:  LawyerAk replied 15 days ago.

This hearing would apply to both of you to discuss custody and maintenance. On the day of the hearing your side would be heard.

Customer: replied 15 days ago.
Ok I have not received any official date for the hearing I only heard about it from my mother in law I don’t know if it’s actually real or if they are lying. Will I be notified about it ?
Customer: replied 15 days ago.
I’m just worried that the courts don’t have my new address to notify me and my ex doesn’t inform me about where this is taking place or date and time and she goes without me being present.
Expert:  LawyerAk replied 15 days ago.

Then you would need to write to the court with your update address so you can be notified.

Customer: replied 14 days ago.
How do I know which court to contact ?
Expert:  LawyerAk replied 14 days ago.

The court where your case was previously held.

Customer: replied 14 days ago.
HM courts and tribunals services? Is that not online government though?
Expert:  LawyerAk replied 14 days ago.

That is the actual court HM Courts and tribunals.

Customer: replied 13 days ago.
Do you know how long it takes for the court to issue me the c100 form and is that a court order to see my children? What if my ex still refuses me access to my Kids? Will the police have to then get involved? As the police have not helped me at all so far!
Expert:  LawyerAk replied 13 days ago.

The c100 is an application to make a child arrangements order that would involve seeing your children. Depending when the court hearing is and whether they will be another case will determine the time period.

Expert:  LawyerAk replied 13 days ago.

If there is an order in place it would be breach of order if she goes against the order.