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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33281
Experience:  25 years experience of all aspects of family law
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I am on work Visa in UK and my wife and my son (4 years) are

Customer Question

Hi,
I am on work Visa in UK and my wife and my son (4 years) are my dependants, we are not in perfect relationship and I wanted to take my son to India for holidays for couple of weeks but now my wife served me with a court order that I cant take my son with me as she fear that I will not bring him back. Both me and my son are Indian Nationals and my wife had made a false complaint in the past against me and my mother for domestic abuse to her and my son and we both were arrested but later released with no further action
can you please confirm how can I challenge this court order?
Submitted: 11 months ago.
Category: UK Family Law
Expert:  Clare replied 11 months ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What made your wife fear that you would not bring the child back?

What nationality is your wife?

Customer: replied 11 months ago.
she just fear that I may left my son back in india and cancel her visa. My wife is also indian national.I did mention her that I am ready to give her in writing that I will come back with my son around 9th January 2016
Expert:  Clare replied 11 months ago.

Why do you wish to take the child without his mother?

Customer: replied 11 months ago.
she doesn't want to visit my family in india and she also fear if she goes back to india to I will cancel her visa.My point is both me and my son are indian national and how can they stop us going back to our own country.Also I have some pending rituals to complete which can only be completed in india.
Customer: replied 11 months ago.
I don't mind to take her and she can visit her family if she wants
Expert:  Clare replied 11 months ago.

I am afraid that since the child is resident in the Uk you do need either the permission of your wife or an Order from the court to remove the child from the Uk - even if you are going home to India

You are entitled to apply to the court for permission to make this trip - but you will have to convince the court that you will indeed return the child to the uK

How you do that will depend on your work situation and any other ties that bind you here.

There should already be a date listed when you can make this application - if not it is done by way of an applictaion for a specific issue order using a form C100

I hope that this is of assistance - please ask if you need further details

Customer: replied 11 months ago.
I received a court order yesterday and it shows a date of hearing of 29th January but I need to travel in the coming week, can I file my appeal tomorrow and request the hearing to be soon or grant a permission.I am happy to provide written undertaking to court that child will return with me.
Expert:  Clare replied 11 months ago.

You can certainly ask the court for an urgent hearing.

A written undertaking will not be sufficient I am afraid - you will need to show that there are good reasons why you will return and not risk imprisonment

Customer: replied 11 months ago.
this is very surprising that I cant take my own son for holiday just because my wife doesn't want to go with us. I will rather quit my job now and request my employer to cancel my visa then no law can stop me and my son to go to our own country.
Expert:  Clare replied 11 months ago.

That is certainly an option for you since your wife is dependent on you for her visa

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