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Jo C.
Jo C., Barrister
Category: UK Family Law
Satisfied Customers: 783
Experience:  Over 5 years in practice.
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My best friend is in a very abusive (emotional & psychological)

Customer Question

My best friend is in a very abusive (emotional & psychological) for the past eight years. He is South African, she is British. They have two children. He works, she's a stay at home mother. They live in Cape Town near all of his family. It's been hard from the start but things are desperate for her now. He's abuses substances, alcohol and cocaine. He is extremely controlling. The police in SA do not seem to be interested when she calls them, they do not bother attending the property. There has been an occasion in which he was arrested, however he reports that he snorted cocaine with the police and was driven at home within the hour! She has been told that if she returns home with the children she will be arrested for kidnapping despite the fact that she is fleeing an abusive relationship. Can you tell me, if she did come home to the UK with the children without his consent would the British legal system be able to help her and stop her from being arrested under the circumstances. Se is frightened to use the Internet to check these things for herself as he checks her phones and web history etc.

Your help with this matter will be sincerely appreciated

Kind regards
Gillian macdonald
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Johann991 replied 1 year ago.

Hi

Welcome to Just Answer!! Thank you for giving me the opportunity to assist you.

How old are the children?

Customer: replied 1 year ago.
They are 6 and 3 years old.

Kind regards
Gillian
Customer: replied 1 year ago.
Hi JJ,
I see that you're a SA solicitor...
My friend had already contacted solicitors in SA regarding this issue and it was they who advised she would/could be arrested for kidnapping children if she took them without his consent. I wanted to know how the UK legal system could help should she seek refuge here.

Kind regards
Gillian

Expert:  Johann991 replied 1 year ago.

Hi Gillian

Can we transfer your question to the UK guys?

Customer: replied 1 year ago.
Yes o.k. It's not extra is it?

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Jo C.
Jo C.
Barrister
783 Satisfied Customers
Over 5 years in practice.