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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 10390
Experience:  Dual qualified Solicitor and Attorney
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Ms, and I am a resident in the UK, my child is British

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Good afternoon Ms Wilson,
JA: Where is this? It matters because laws vary by location.
Customer: My name is***** and I am a resident in the UK, my child is British citizen. My partner and I have serious issues which lead me to depression and anxiety. I want to divorce him, but I am afraid he might become very aggressive. At the moment I am at my parents who live in Cyprus and I think it's the best moment to start the process. I don't want to live by myself in social housing in the UK and depend on that, whilst I'm in this mental stage and my partner is not helping with my baby, let a lot being support for me. I want to be the primary custodian of our child and I would like to move with my parents, who are actually going to be there for me in every aspect and I will finally be able to get to work and be able to be independent. Also I have a lot of bills and the flat contact is on both our names and I don't know what are my legal responsibility after we separate. I want to have a clean name, in case we decide to go back to the UK, when she is a bit grown.
JA: What steps have you taken so far?
Customer: Well we were trying to sort out our relationship and try to work things out, but everyday I see this is not going to work. It's only making things worst for my health and the way I take care of my daughter. I do the basics, but somedays I don't want to play with her or I stopped reading to her as much. I am taking therapy. I discussed over and over again with him my needs and my expectations, but he doesn't care.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We've been having fights Infront of my daughter. He is screaming at me Infront of her all the time. He is taking her alway from me and screaming just next to her ear. I've been going through a lot of mental breakdown Infront of her. At some point I felt so helpless and abused that I hit him, Infront of her and I regret about my actions, I even apologiesed the other day and tried to make peace, but he started attacking me instead. Telling me I need to change or rather he wouldn't renew our contract and I will be on the street and how I will be living in poverty. He pretends in front of everyone and always bullies me with that he is the only one working and he is providing for me. Meanwhile I gave him most of my benefit money for the bills and rent, I think this is called financial abuse. This are just a few of the things I'm going through

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

You can file for divorce in the U.K. You can file for divorce based on the irretrievable breakdown of the marriage and 5 facts namely:

1) adultery

2) unreasonable conduct

3) abandonment (requires 2 years separation and one party to have left the other with no contact or support)

4) 2 years separation (if both parties agree to divorce)

5) 5 years separation (if one party disagrees to the divorce)

You can apply online here: https://www.gov.uk/apply-for-divorce

It costs £550 to apply. I trust this assists

Customer: replied 14 days ago.
I've looked through that and it does sound pretty much straight forward, but I don't think he will agree to divorce me because he is on family member visa on the UK because of me.
Customer: replied 14 days ago.
I can't afford to call I'm sorry I would like to, but not at the moment.
Customer: replied 14 days ago.
We also have a daughter and I want to get the primary custodian rights over her.
Customer: replied 14 days ago.
In order for us to move and live with my parents.

He does not have to agree to the divorce he just has to acknowledge reciept of the papers.

In terms of your daughter, I would advise you to seek a child arrangement court order such an order can set out who looks after the child and when. Such an order once made can be enforced if it is breached. In order to do this, you will need to arrange for and attend a mediation appointment with your ex first to see if an order can be agreed. Even if you and your ex end up having to go to court to sort out the differences, you will normally need to prove that you’ve been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you. If your ex doesn't want to see a mediator, you should go to the MIAM on your own. You’ll then be able to prove you’ve tried mediation if you later want to go court. You can’t force your ex to go to mediation. In order to find a mediator you can use this link on the Family Mediation Council website here: https://www.familymediationcouncil.org.uk/find-local-mediator/

You’ll normally have to pay about £30 for an MIAM, although sometimes this first meeting is free. Follow-up sessions usually cost you and your ex about £80 each - most people need to go to 3 or 4.

The cost of mediation varies depending on where you live. Phone around to find the best price, but bear in mind the cheapest might not be the best.

If the MIAM does not work and you not able to agree to mediation you will need to go to court. This will require you to fill out form C100 which can be found 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

You can find guidance on filling out the application here: https://www.gov.uk/government/publications/family-court-applications-that-involve-children-cb1

Send the original form and 3 copies of it to the nearest court that deals with children, you can find your nearest court here: https://www.gov.uk/looking-after-children-divorce/apply-for-court-order

The application will cost £215. If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case family law. I trust this assists

Customer: replied 14 days ago.
Thank you so much this is very detailed response. The only issue is at the moment I am on benefits and i am not able to afford a good lawyer.
Customer: replied 13 days ago.
Can you please advise me on that?
I understand you can try and get legal aid, free legal representation, if you have been threatened by him or he has been violent towards you. I trust this assists
Customer: replied 13 days ago.
where exactly can I look for that help?

If you use the link posted above for the law society and filter the results by legal aid it will provide details of relevant solicitors. I trust this assists

Customer: replied 13 days ago.
Thank you so much for the help I will do that. I hope that will help.
Customer: replied 13 days ago.
I am sorry it doesn't seem like the link you gave me above isn't working.
Just google law society find a solicitor. I trust this assists
Jeremy Aldermartin and other Law Specialists are ready to help you
Customer: replied 13 days ago.
Thank you so much. Have a lovely week.
Customer: replied 12 days ago.
Good evening Mr. Aldermartin,I just wanted to ask what will be the legal implications if me and my daughter don't return back to the UK and we stay here in Cyprus. I mean my partner was the one sending us here, because he said he can't help us. So can I use that to say that he doesn't want us there and he is incapable of helping me physically with the responsibility to take care of his daughter whilst he is working?
There is no court order at the moment as I understand it so just stay in Cyprus if you want. I trust this assists
Customer: replied 12 days ago.
In case there is court order what will happen? Can he take her alway from me
It would be long and hard, he would have to try and get an order for her to be bought from Cyprus to the U.K., it’s unlikely to be successful. I trust this assists
Customer: replied 10 days ago.
Thank you so much for your help. That has brought me hope and even reasons to live. I wish you all the best and take care.
Customer: replied 10 days ago.
I am so sorry I feel like I really disturb you now. Do you think I can file divorce from here or I need to be in the country and would I be able to ask for child support for my daughter from him? If so, how can I do that?
You cannot get child support when you are not resident in the U.K. with the child. You can file for divorce from Cyprus yes. I trust this assists