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Hello, my name is Peter and I’ll do my best to assist you today.
Please bear in mind as this is an email service and not live chat I may not respond immediately.
I'm just reviewing your question.
If your husband is being violent and abusive, the first thing you need to do is to apply for a non-molestation order and an occupation order. This excludes him from the home and prevents him from contacting you.
The form to apply is here:
There is no fee for the application.
There is also an explanatory leaflet here which may assist:
You then need to apply to the family court to be able to take your child back to your home country to live - as if your husband does not give permission the court can make an arder allowing you to go.
You have to demonstrate that it is in your child's best interests to move out of the UK.
This does include whether it is in your best interests too, and if you are suffering domestic abuse you should have a good case to make to the court.
If you simply leave without his permission and no court order, this is classed as child abduction - and the courts could order your child to return. So it's better to do this the official way.
The court form to apply 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
Can I clarify anything for you at this stage?
I can't act for you - we can only give general advice here.
You could qualify for legal aid though - and with this link here you can find a local solicitor that should be able to help you:
I hope this helps.
If you have further questions, you can always come back to me.
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