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Need urgent advice please

(64 Posts)
aluvss Mon 28-Jan-13 12:50:21

Yesterday night my BIL’s wife called the police and left the house with their daughter aged 2. She called the police whilst they where arguing, she told them that he had hit her and her daughter. The police came and took her and her daughter. The y did not leave anything with my BIL. We have no idea where they are and we have no clue on what to do, would really appreciate some help and advice. Thank you.

Posted too son. Does she intend to return home, or go to a different country in Europe?

Why does her husband not work?
Does she work?

courtsareadisgrace Mon 28-Jan-13 14:11:08

PureQuintessence - I'm guessing SIL is wanting to go "home" to where the culture originates from?

courtsareadisgrace Mon 28-Jan-13 14:12:46

Also, does your SIL have any family of her own in this country?

aluvss Mon 28-Jan-13 14:15:24

Yes, she wants to go back to her original country. My brother in law does not work as he has heart problems, and he find it hard to breath when he is up and about for too long, but he could work if he wanted such as a working from home type of job. She does not work. My mil would be very upset if I left my dd with a childminder or someone else.

Well, not necessarily, she could want to go to Sweden, Germany,or Norway, for example, if she has family there.

My dentist, in London, is from Sweden, but his family is from India. He goes home to Sweden to see his mum, and he has only been to India once or twice.

ok x post.

So bit further away perhaps, and with different jurisdiction than some European countries, regards to this.

courtsareadisgrace Mon 28-Jan-13 14:30:04

Does the DD have dual nationality with the other country?

babybarrister Mon 28-Jan-13 21:40:02

If DS resident in UK her nationality is irrelevant to whether she can live abroad - that is decision for court if parents cannot agree.in the meantime your BIL may need to get a prohibited steps order to prevent a removal if there are concerns

STIDW Mon 28-Jan-13 22:49:16

I agree with babybarrister and in addition I would be to encourage your BIL to consult a solicitor PDQ. If he is on a low income he may be eligible for legal aid. He (or a solicitor) on his behalf can apply for contact or residence if appropriate, a prohibited steps order to prevent the child being removed from the UK and an order to disclose the whereabouts of the child. If there are allegations of DV the court can find out where the child is staying so that the papers can be served but they may not disclose the address to your BIL and contact may be organised in a contact centre until investigations into the alleged DV can be carried out. The courts may need to treat allegations of DV as if they were true, just in case.

In the meantime your BIL needs to keep away from his wife so that he doesn't leave himself open to further allegations of harassment.

Reaa Tue 29-Jan-13 00:23:58

Does DC have a passport if yes is it still in the house?

aluvss Tue 29-Jan-13 15:30:56

Thank you STIDW

My BIL has spoken to his solicitor who has given him advice. He has also phoned the police station and they said they would get back to him on Thursday and make an appointment where he can speak to his wife with a mediator.

Cosmosim Thu 31-Jan-13 18:35:59

I thought this was legal. Reads more like a witch hunt, with some posters not even reading the OP, making wild assumptions based on absolutely jack, and downright bullying the poster. I'll stick with the nice posters in AIBU. Christ on a stick.

Mrcrumpswife Thu 31-Jan-13 18:46:38

I thought this was legal. Reads more like a witch hunt, with some posters not even reading the OP, making wild assumptions based on absolutely jack, and downright bullying the poster. I'll stick with the nice posters in AIBU. Christ on a stick

I couldnt agree more with you Cos.

OP make sure he stays away until he with a mediator to protect himself. Any situation can easily be manipulated to look bad if someone wishes to do exactly that.

aluvss Fri 01-Feb-13 18:21:26

Thank you cosmosim and mrcrumpswife.

The police are being very long, they still have not interviewed him. His solicitor contacted the police, they said the officer in charge of the case has gone on annual leave for a week from today. So we have to wait another week.

She has been placed in a refuge the solicitor said. He told my BIL to get together as much evidence as possible to support his case.

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