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Update on failed asylum seeker ex taking me to court

(19 Posts)
StillWorried2014 Sat 02-Aug-14 12:07:00

Have name changed, I posted before when my baby was a newborn but had to have that thread removed due to ex finding it and harassing me.

He has now been granted legal aid to raise a court action against me and has stated it is for contact. Initially he said he was going to court to force me to put his name on the bc and for DNA. This has nothing to do with him wanting to be a parent and everything to do with his immigration status. I was advised to go no contact with him by my lawyer and wait for court. He threatened to take the baby to Iraq when she was just 2 weeks old and has harassed me at home making it necessary for me to call the police, he also went to my parents' house and harassed my mum.
He has a history of aggression and I have logged everything with the police and women's aid. I have also been in touch with my MP and have reported everything to UKBA and legal aid but to no avail.
Why would he be given legal aid when he's not meant to have recourse to public funds except for matters relating to his asylum claim/appeal? especially since they have evidence he has been illegally working. I am in Scotland. Does anyone know how long it could take for this to come to court?

Icimoi Sun 03-Aug-14 09:03:38

Are you sure he has got legal aid? As I read this there is no legal aid available for contact proceedings. However, it might be different in Scotland. Have you actually heard from solicitors?

Chunderella Sun 03-Aug-14 10:17:02

No recourse to public funds doesn't refer to legal aid, not in England and Wales at least. It's benefits and stuff. I don't know about Scotland. The fact that he's been illegally working wouldn't necessarily affect any legal aid entitlement, though. It might lead them to reassess him, but simply the fact of having broken a law doesn't mean you won't get legal aid.

It would be helpful if someone in Scotland could confirm to us whether legal aid is still available for contact proceedings there or not. If it's the same as England and Wales, it isn't and either he's bullshitting you or he's somehow managed to convince them he's a victim of domestic violence. Remember it's also possible he's gone to a family law firm that offer legal aid but paid them privately, so being with such a firm doesn't mean he's got funding.

Keep documenting stuff with the police, WA and your GP. I wouldn't expect UKBA to do anything at this point, and they certainly shouldn't if there are ongoing family law proceedings. I also wouldn't bother reporting stuff to the legal aid funders either, unless it's something to do with his finances.

Chunderella Sun 03-Aug-14 10:18:51

Also, if your ex found this thread what makes you think he won't see this? I remember the last one and it was in this exact same forum. Might be an idea to get it moved.

One last piece of advice- as a DV victim, if he does start contact proceedings you should get legal aid as long as your income is low enough.

PiratePanda Sun 03-Aug-14 17:03:24

Legal aid is no longer available for family court except for victims of domestic violence (and the grounds for proving DV are stringent). Or does that not apply in Scotland?

StillWorried2014 Sun 03-Aug-14 17:13:20

Yes he definitely has legal aid, Scottish Legal Aid Board wrote to me and told me he was applying for it to raise an action against me, so naturally my solicitor objected, and then when they granted it they wrote again telling me of the decision to give it to him.
He definitely hasn't been the victim of DV so I guess the rules must be different here?

My ex may well find this thread too but I thought if I didn't post here it would slip past most people with legal knowledge.

Does anyone have any idea how long it might take to come to court? I know that might not be possible to answer, just wondering how long it may be hanging over us.

Chunderella Mon 04-Aug-14 19:43:09

I can only assume that yes, the rules are different in Scotland. Proceedings should be issued in the court nearest to where the child lives. You could contact them and ask how long it's taking to get a hearing at the moment, there can be a lot of local variation.

Regarding the immigration stuff, he's not going to be removed as long as there are family law proceedings pending- UKBA have policy on this. In England and Wales, there's normally a form sent by the court to UKBA advising on what's happening. So I think you need to be aware that if he wants to pursue this through the courts, his immigration status won't stop him. As we discussed last time, it may or may not impact on whether he gets contact, but he'll be able to try.

StillWorried2014 Mon 04-Aug-14 21:53:10

Thanks Chunderella I will contact the court. I guess he knows he won't be removed by UKBA if contact proceedings are pending, hence the reason he is doing it in the first place. I will just have to push for supervised and hope that they take seriously his threats of abduction. I also hope that a lot of this is about him getting to remain here and control and that he will lose interest after a while. Thanks for your advice last time too, I saved the thread and refer back to it.

StillWorried2014 Sat 07-Feb-15 10:52:04

Hi reviving my last thread to update. He was granted legal aid, as was I thankfully. Court proceedings have begun and so far he has not been awarded contact due to the concerns re abduction to his home country.

Unfortunately he has not changed and had 2 women at the same time, both pregnant, both now know about each other. One dumped him and miscarried, the other is sticking by him and lying for him, and they are getting married. His side did conceded that contact with my daughter does add considerable weight to his application to remain here but quickly went on to state that his upcoming marriage was just as likely to secure it.

A background report was done which described him as a liar (generally and he was caught out in direct lies to the court appointed solicitor tasked with compiling the report) amongst other things, and the recommendation was no contact but the judge has not ruled this. He has asked for a full evidential hearing, but no interim contact was awarded so that is something.

He has lied throughout and has continued to lie, his present partner is also lying for him. Can I hope that this will come to light under questioning?

Is it likely that he will achieve his aim of getting to stay in the UK via this new partner anyway and he doesn't need my daughter any longer? His main reason for pursuing me through the courts was to use her to stay here but I know he won't put all his eggs in the one basket so to speak.

Obviously I remain very concerned about her safety but unless he actually tried to take her no one seems to be too bothered and will look for supervised contact to move on quickly if it were granted. How do I convince them and keep her safe?

SavoyCabbage Sat 07-Feb-15 11:02:17

Hopefully he will lose interest in your dd once she is no longer useful to him. Do you know where the new woman lives? I can't see him being bothered about travelling any distance to have contact with your dd. he might just fade away.

StillWorried2014 Sat 07-Feb-15 11:19:07

Yes I know where she lives it is about 30 miles away, the same distance as he would have been travelling before to come here. I can only hope he might lose interest but the other ex said he was obsessive about her and about 'winning' so I am not optimistic right now.

StillWorried2014 Wed 11-Feb-15 14:43:03

Can anyone tell me any of the answers to my queries?

MaudantWit Wed 11-Feb-15 19:41:37

I am not an immigration lawyer, but my understanding is that a marriage contracted when the person has no valid leave to remain (which I assume is the case with your ex, since you describe him as a failed asylum seeker) isn't usually a basis for being granted leave to remain.

StillWorried2014 Sat 14-Feb-15 23:01:25

Thank you MaudantWit that is good to know.

MaudantWit Sat 14-Feb-15 23:22:47

My knowledge is confined to what I've gleaned from the immigration pages on gov.uk (have you looked at those?) but there do seem to be circumstances in which being the parent/carer of a child living here can give a person a basis of stay. There's some information here about what they term the parent route(s). How that would interact with his being a failed asylum seeker, I don't know.

Has your lawyer been able to advise you on the immigration issues here?

Chunderella Sun 15-Feb-15 08:19:07

Glad you updated. Yes its a possibility that he could secure leave to remain based on a marriage, even one conducted when he had no status. Can and does happen. His case would be even stronger if he were also having contact with your daughter though. I'm currently recovering from a crash section earlier this week so only have energy for this brief explanation.

StillWorried2014 Sun 15-Feb-15 16:45:12

Thanks Chunderella, appreciate it and hope you have a speedy recovery. Congrats on your new baby. I did think that his case would be stronger if he has contact. So far he's been denied it despite asking for supervised but I know that could change when we are next at court.

contact1234 Mon 20-Jun-16 14:06:56

hi stillworried2014 i would like to know how everything went with ur court since ur last thread in 15/02/2015 did he get any contact or was it dismissed from court

contact1234 Mon 25-Jul-16 16:22:08

hello

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