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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to seriously think of moving to Ireland to protect my DD?

25 replies

MeAndMyGirl · 28/06/2010 18:21

Have split up from ex now for 3 years and he has not seen my dd in that time. at the moment he is not allowed by court to see her but took it to proof and i am waiting on decision which can take up to 6 months. i know i will not comply if court decides he can have access even though it would be in contact centre. i feel sick thinking about it.
am thinking of moving to ireland as then he cannot contact us or know where we are. he is not uk national so also he would have to apply for visa and he has criminal records now.
i know this sounds desperate but the alternative of waiting around and thinking it will be positive result and it is not - i need to take control of this and protect my dd.
however she is starting school after summer and we have no family in ireland.
i don't know what to do; i don't want to get charged with contempt of court; and womens aid can only advise you to go along with court decision as they cannot be seen to be advocating you to break the law. can anyone help or had previous experience??

OP posts:
Longtalljosie · 28/06/2010 18:24

Hang on - why do you not want him to see her? Is he violent?

MeAndMyGirl · 28/06/2010 18:26

yes he has been charged with assault of me; and it is noted that dd witnessed him assaulting mel and he has admitted in court to hitting me frequently.
i have interdict and exclusion order in place. however his lawyer is arguing that he has not been violent for 3yrs - so violence is historical and not relevant

OP posts:
Longtalljosie · 28/06/2010 18:27

Does your solicitor reckon there's any chance of that argument working?

MeAndMyGirl · 28/06/2010 18:29

she thinks 50/50 chance - and i can't take that chance of it going his way. he is doing this for control over me and is not interested in dd at all.

OP posts:
Morloth · 28/06/2010 18:32

Does Ireland have an extradition agreement with the UK?

Would be even worse to get there and then be dragged back I would think.

skihorse · 28/06/2010 18:35

A friend of mine left her violent English husband and moved back to her homeland (Germany). She kept her head low and after 12 months the courts are very reluctant to force the child to "up sticks".

GypsyMoth · 28/06/2010 18:35

Yes. I have experienc e of this. My ex was violent to me in front of dc also.......and that's the key, it was directed at me not them. So he got the chance if contact centre...... But rarely turned up for court so I luckily got a section 91(14) which means he can't keep taking me to court on a whim

maybe your ex won't keep up the court appearences either..... How can he fund it?

expatinscotland · 28/06/2010 18:36

if he is not a UK national and requires a visa, how is he in the country? does he have permanent residency (ILR/ILE)? and usually, if you are on a visa and commit crimes, an order for your removal is made.

GypsyMoth · 28/06/2010 18:38

My ex also has crim records...... The courts bend over backwards to give men like this access these days it seems! I'm so lucky my ex gave up.

booyhoo · 28/06/2010 18:39

meandmygirl

has your ex got PR? i presume you have a residency order? if tehre is no residency order i think that means you are able to leave the UK without the permission of the NRP or the courts, howvever check this out because the fact that you are already going through the courts may mean that a residency order has been put in place.

MeAndMyGirl · 28/06/2010 18:43

it does seem as if the court has his interests more in mind than my dd - i don't know what to do.

it is all about control over me and i am losing my strength to fight him all the time

OP posts:
booyhoo · 28/06/2010 18:47

the courts have quotas, they have to be seen to be getting NRP's into consistent regular contact with their dcs. the fact that the NRP may have beaten 7 bells out of the child's mother is, in the words of the judge i dealt with "irrelevant". but hey as long as the judge gets his pay packet each month, where's the harm?

GypsyMoth · 28/06/2010 18:48

He'll need a prohibitive steps order to keep you here

if it's for control then he'll keep it in court as long as he can. But how with no visa?? He's paying it all himself?

expatinscotland · 28/06/2010 18:49

i'm still trying to figure out how he's remaining in the country if he's a visa national and has committed crimes here.

i think i'd start with a little chat to the UKBA about his status and having him removed.

instructionstothedouble · 28/06/2010 18:52

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instructionstothedouble · 28/06/2010 18:53

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booyhoo · 28/06/2010 18:54

expat is right, you should speak to UKBA and find out if he is actually here legally. it doesn't sound right that he is here on a visa and has committed crimes without being removed.

MeAndMyGirl · 28/06/2010 18:56

he has indefinite leave to remain in uk; and is getting all his legal fees paid by legal aid even though he is working full-time. i have contacted legal aid board as can't understand how this is happening; and i have contacted immigration and they have said he can stay in uk. have tried everything can think of

OP posts:
booyhoo · 28/06/2010 18:58

meandmygirl do you have a residency order in place?

MeAndMyGirl · 28/06/2010 19:00

no, he is not wanting custody; he wants access. do i need a residency order?

OP posts:
expatinscotland · 28/06/2010 19:01

get legal aid yourself. depending on the crime, his ILR can be revoked.

there's already a precedent for this.

booyhoo · 28/06/2010 19:01

no you dont need a residency order. in fact in this situation i think it is in your favour not to have one as if you did have it you would need the courts permission to leave the UK for ireland but without it i dont think you do need permission of anyone. check with your solicitor where you stand on this.

ilovemydogandMrObama · 28/06/2010 19:30

Look, what no lawyer will tell you is that you don't have a court order in place, therefore you wouldn't be in breach of a potential order, however what you need to decide is whether or not you would feel safe in a country where you don't have family with an ex who has been violent. Would you be constantly looking over your shoulder?

You could get supervised contact which is more secure than supported contact at a contact center. Supervised contact means you don't come into contact with your ex, but also there is someone observing contact, and someone else who stays with you and someone else who runs between, for instance to take the child to the non resident parent and back after a visit.

LIke you say, he is probably doing this to exert some control over you, but in reality he will show up for a contact session, find out what is involved, namely that he won't see you, and his game will be over. He will probably lose interest on seeing DD.

But if you go to Ireland, you won't have much of a support system, and may feel very isolated.

Your solicitor could ask for supervised contact to be a criteria for granting contact, but emphasize that you want supervised contact, and not in a contact center, but in a designated children's center.

MeAndMyGirl · 29/06/2010 20:28

thanks for this. i spoke with my lawyer today and she said to hold my nerve; and that to uproot our life after fighting hard for a normal boring one would be in a way giving in; and that he will probably lose interest as well; thanks again

OP posts:
JacobBlacksBitch · 29/06/2010 21:23

so he's not been violent for three years and you've been split up for 3 years, and his violence was directed towards you?

They are having a laugh arguing 'he's not been violent' then aren't they.

Sorry OP I don't know what I would do - but I know like your my 'protetion' mechanism would now be in full swing. And just because it's 'the law' doesn't mean it's always right.

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