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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 4794
Experience:  Barrister at law
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I have problems with my husband and he is violent in every

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Hello. I have problems with my husband and he is violent in every way with me. I have a 2 months old child and he is threatening me to take away my child
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: I cannot tolerate anything from his side, I want to go home in Romania with my baby
Assistant: Have you talked to a lawyer about this yet?
Customer: I, "ll go tomorrow
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Nl
Customer: replied 7 days ago.
He came yesterday and said is going to kill me if I do something regarding the baby, because I want to go home where is safe for him.

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.

Customer: replied 7 days ago.
I want to urgent this situation and go in my country asap. The emotional abuse is massive, he lied to the police officer regarding his violent way and also hitting me
Customer: replied 7 days ago.
Yesterday he said he doesn't care actually the baby and milk and stuff, he just wants to have fun with me, to see me angry
Customer: replied 7 days ago.
I have tried to speak like adults with him, it is not possible..

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:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688175/fl401-eng.pdf

There is no fee for the application.

There is also an explanatory leaflet here which may assist:

https://www.gov.uk/government/publications/domestic-violence-injunctions-under-the-family-law-act-how-can-it-help-me-fl700

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?

Customer: replied 7 days ago.
Can you help me with applying to the court?

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:

https://solicitors.lawsociety.org.uk/

I hope this helps.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

Hello - I didn't hear from you.

Can I assist you further with your question?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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