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Need some advice (Prohibited Steps Order)

(9 Posts)
myson2011 Thu 05-Mar-15 15:17:35

Hello !

I would really like anyone who has had a similar experience to mine to please help me out with some advice.

I am not a British citizen and neither is my ex partner. My son was born in the UK and we applied to extend my visa after that but this was refused by the Home Office. Since my partner and I are from 2 different countries the judge decided that "it is in the best interests of the child to go with the mother to the mother's country of residence" . This decision was given in late 2014.

My partner has a history of domestic violence(against me) for which he was given a non-custodial sentence in 2011. He admitted guilty to all charges. It was only after he went to court in 2011 that I found out that he was an overstayer in the country- someone who would now be classified as an illegal immigrant. I also discovered in late 2014 that he was using a fake british passpot to work. I informed the police about this and handed over the evidence and gave a statement against him and he was sent to prison for a few months.

I also discovered while he was in prison that he had been cheating on me and my son (I say cheating on my son because he would tell other women that he was actually his godson and not his real son when these women would see pictures of my son on his facebook/phone and enquire who the little boy was) I find it disgusting that a man could deny his own son just to get laid.

So I decided after years of enduring his behaviour that my son and I deserve a better life so I gave instructions to my lawyer that I wanted to return to my country with my son. I needed a signed consent from the father , without which the Indian High Commission would not issue him with an emergency travel document. I was told that if my partner does not sign the form I will have to go to court to get a court order to take my son with me.

I had been begging my ex in numerous letters and phonecalls to sign the consent form since my son will be starting school in june-july if we go now and I don't want him to waste a year as it will effect his education in the long run. He promised me that he will sign it off and send it and I was content.

A few days ago I received a Prohibited steps order from the court stating that he suspects that I am planning to take my son out of the country with or without his consent. He also stated that I was in possession of my son's British Passport. I was accused of planning to abduct my own child.

I was stumped because my son has NO passport whatsoever , let alone a British passport. My ex knows this but I have a feeling he just lied to the court anyway to buy himself some time and to stop the home office from deporting him after he is released from prison. I don't even have my own passport, it's with the Home Office and they will return it to me at the airport when I sign the form to withdraw from my immigration appeal.

I have evidence that it's all lies and that my ex is lying under oath. I can also show the court that it's better for my son to be in India with me because we live a very comfortable life (by indian standards) and he has a great relationship with his maternal grandparents. (They have visited him every year for 2 months since he was born).

The thing is that I have no money at all to afford a solicitor and after 4-5 days of trying to get some legal advice I have decided that I am going to represent myself in court as the respondent. I just don't know what to expect, I have never been to court. I don't even know the steps that need to be taken and how to apply for this Prohibited Steps order to be withdrawn and a new court order to be issued to say that I can take my son back to India with me.

Have any of you been in a similar situation. Please advice with whatever you can. And you can ask questions if you have some doubts. I really need to know what are the possible outcomes. I'm really worried my hands and legs are shaking as I type this so please ignore any spelling or grammatical errors.

Thanks in Advance.
Worried mum.

OP’s posts: |
myson2011 Thu 05-Mar-15 15:22:08

I also wanted to add that the court hearing in on Tuesday 10th. I have such little time to prepare the bundles. I am hoping that we can have an out of court settlement as the court has asked both parties to arrive an hour early to negotiate. I am currently supporting myself with funds that were sent to me by my parents but I am running out. sad

OP’s posts: |
MGFM Thu 05-Mar-15 18:20:02

Maybe you should ask MN for this to be moved to Legal?

myson2011 Thu 05-Mar-15 18:47:34

Ok, sorry I couldn't see the legal section so I posted here instead.

OP’s posts: |
WrappedInABlankie Tue 14-Apr-15 19:31:51

How did you get on?

Sorry this happened to you

myson2011 Tue 14-Apr-15 23:09:48

Hi,sorry couldn't update here I forgot I made this thread. His dad has withdrawn from court and we are now waiting for the court to close the file so I can go back home with my son(after we get his travel documents sorted).He also signed the consent form. smile I got a solicitor at the last minute to represent me in court in March but I will not need their help any longer.

OP’s posts: |
Staywithme Tue 14-Apr-15 23:36:49

Only just read this thread and I'm glad things have worked out for you and your son.

WrappedInABlankie Tue 14-Apr-15 23:55:38

I'm glad they worked out!

Starlightbright1 Wed 15-Apr-15 17:22:13

I am glad it is sorted and hope you are home soon

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