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Hi My name is Charlie,
I have been going through [censored] since my son was born on the 28-03-2013. His mother my wife is a Filipino national on the first stage of her spouse visa, she is due to apply for indefinite leave to remain in December this year. We have separated and she is living in her own place now close to her work. My son stays with me 5 nights a week at the moment but there has be occasions when his mother has disappeared for a couple of weeks and I'm left not knowing where my son is. Everytime my son stays with her on her days off and each time hes there she threatens me that shes booking a ticket home and taking my son to the Philippines, she has already got my son 2 passports one British and one Filipino.
I have tried to get legal aid as I'm a student nurse and get very little money from my NHS bursary I have no idea what to do but every time she threatens this it kills me and I don't see what right she has as my son spends most of his time with me and my mother helping out while I go to University.
I just want to ask some advice on how I can get a prohibited steps order put in place so she can not threaten me anymore, because there is no doubt in my mind that once she gets her indefinate leave to remain she will leave the country with my son and take him to the Philippines where she will leave him with her other son who is being cared for by her parents while she returns to work and send money. She is very devious and I have clearly been used by an evil women who is focused on only earning money and sending it home, now she is happy for me to have my son 5 days a week so she can work.
please help with any advice, I'm so stressed out and just want to be able to study and spend time with my son without the fear of him being abducted by his mother at any time.
Thanks
Charlie
Hi Charlie,
There is no longer any entitlement to legal aid for family law cases but that shouldn't stop you representing yourself, there are lots of dads here that have done this so you will,get lots of help and support.
Although you aren't entitled to legal aid, as you are a student on a small bursary you should be entitled to an exemption of the court fee for applying for a PSO, you can at the same time apply for a contact order or better still a residence order.
The form you will need to apply for PSO/contact order/residence is a C100 form. This can be downloaded from the MoJ website or from the Court. If you telephone them and tell them you wish to apply for both a PSO/contact/residence, they will send you the appropriate forms, also ask for a form EX160a which is the claim form for an exemption of the court fee.
The fact that she has one son in the Philippines makes the prospect of her taking your son out of the country a real prospect.
As your son stays with you 5 nights a week you should be receiving the Child Benefit and also you could get a bigger bursary too I think. If you are not in receipt of these benefits then I advise you to start a claim.
If you are divorcing will she still be entitled to leave to remain in definately? This might be something you can look into, it might give you some leverage....just a thought.
As you have Parental Responsibility and you have him 5 out of 7 days a week you can argue that you are his main carer. It might be worth telephoning the police and explaining your situation that you are his main carer, you have PR and you are very concerned she will remove him from the country and so you will be applying for PSO/residence order and what is your position legally if you were to keep him with you and stop contact until you have been granted an emergency PSO. They will hopefully tell you that because you have PR then they will not get involved. Then you would put an application in immediately for an emergency PSO. When you take the forms into the court, take them in as early as possible, when the doors open!...you would tell them that it is an emergency PSO you are applying for because the mother could remove the child out of juristriction, they will then give you an immediate court hearing either the same day or the following day at the latest.
If you are divorcing will she still be entitled to leave to remain in definately? This might be something you can look into, it might give you some leverage....just a thought.
I agree - I would certainly contact the FCO for advice on this, though I suspect that leave to stay may be granted because of your son.
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