How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Awan-Legal Your Own Question

Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Type Your UK Immigration Law Question Here...
Awan-Legal is online now
A new question is answered every 9 seconds

My grandson, along with his two siblings, have been included

Customer Question

My grandson, along with his two siblings, have been included in a family visa which has just been awarded to his father, Mr.David Colley, of South Wales. They are due to fly out this week .
Sam, the eldest, has just taken an overdose and was taken to hospital yesterday.Fortunately, he has recovered and is now with his mother (who is divorced from Mr.David Colley).

He says that he wants to stay with his mother and does not wish to go to America ,that he never wanted to go to America and it was only the persuasiveness of his father which has managed to get this far. Without putting words in his mouth, it would appear that his father only met this lady on the internet and decided to marry here before he had met her-Sam naturally assumed that his father-who has not worked for 12 years and has lived on benefits for that period of time would never, ever be accepted by the American Republic under any circumstances.Too late, he discovered otherwise.
My question is;-as this appears to be a case of coersion, how does Sam`s mother stop his father from taking her children out of the UK?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : Unless the father has a specific residence order from the court, he cannot take the children abroad without their mother's consent.
Awan-Legal : Please see the following link:
Awan-Legal : http://m.direct.gov.uk/syndicationController?action=view¶m=DG_192873&utn=da587417355f42ed89d9201206021519
Awan-Legal : For a definition of parental responsibility, please see the following:
Awan-Legal : http://www.direct.gov.uk/en/parents/parentsrights/dg_4002954
Awan-Legal : She should therefore explain to him that he cannot take the children without her consent and if he is still adamant/she is worried, she should apply to the court for an injunction/court order to stop him doing this as above.
Awan-Legal : Your local citizens advice bureau should be able to put her in touch with somebody who can help her with this.
Awan-Legal : I hope that helps.
Awan-Legal : Please rate my answer, thanks.
Customer:
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and 2 other UK Immigration Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
Hi
How old are the children and has your daughter co-operated with regard to the obtaining of the Visa's
Who have the children lived with until now
Claire
Customer: replied 2 years ago.

The husband has had custody for since the divorce-it was supposed to be shared, but like Polyanna, my daughter trusted her ex.The ages of the children are:-Sam,15

Josh.13,Bethany 12.

Expert:  Clare replied 2 years ago.
Hi
Has your daughter have given her agreement to the move - by signing any application forms for instance?
Do the two younger children wish to go?
Claire
Customer: replied 2 years ago.
at the moment,the court has already decided that the move should go ahead-what I am querying is that the situation has now changed with Sam doing an apparent volte-face.We will know tomorrow if the other two still feel the same.The court laid down some very heavy conditions before they would approve all children going to the USA,but that is not the point-what I am worried about is that they are due to fly out on THURSDAY 7th JUNE.
Expert:  Clare replied 2 years ago.
Hi
So there was a fully contested hearing and permission was given for him to take the children abroad.
When was the order made and was a CAFCASS report prepared?
Claire
Customer: replied 2 years ago.

I am a bit hazy about the actual date of the order, but I believe it was Feruary or March time. Yes, a full cafcass reprot was done and the chldren had their own legal representative too.

I am sorry, i am getting too tired to continue but I will be awake and able from 8-ish onwards tomorrow.

Expert:  Clare replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience