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Spouse Visa / Divorce Imminent - Advice Pls
#6
(03-18-2018, 08:44 PM)mrmajestic Wrote: Hi All,

First time posting here. I am a UK citizen, my wife has lived in the UK with me and our first child (born in 2012 outside the EU) since 2015 on a spouse visa that will expire this year in July. Our 2nd child was born in the UK March 2016.

She is demanding a divorce, that we separate, that I pay for her rent and/or that she be allowed to take our daughters and move back to Israel (which is where we met originally and the place of birth of our 1st child).

Both kids are British citizens.

I have seen a lawyer in London who advised me that my wife doesn't have any right to leave the country with our kids without my consent. Although now I read here that in fact she could apply for that consent from a court and might get it... Our children are now 2 and 6, she is still breast feeding the 2 year old.

Right now we are renting a house in N London.  I lost my job in Dec last year and trying to start a new business.  I tell her that we should just extend her spouse visa and focus on raising our kids until she has established herself in London and can afford to get her own place.  However, she is determined to leave me and either take our kids with her (to a place I am supposed to rent in London) or go back to Israel with them and live there.

Would really appreciate hearing from anyone who has been in a similar position and what my best options are to deal with this.

Thanks...

The key fact here is her Imigration Status can be changed or not as once you seperate its not valid.

As far as UK Law is concerened, once you seperate its up to her to fund herself. By law you have to support your children, but that is limited to Child Support in most cases, where the ex claims the Child Benefit. If her passport says no recourse on public funds then that is not your problem.

You could seek a Child Arrangements Order, saying the Children live with you. Unless there is a medical reason, breast feeding will not affect the decision the courts made after the 2nd birthday.

Where no Child Arrangements Order exists, its illigal to take a child out of the UK, without consent from everyone with PR.

Where one does, unless the order says otherwise (or there is a seperate order), only the Parent the Order says  "lives with" can remove a child without the consent of the other, but that is limited to a period of 30 days, for a holiday.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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Messages In This Thread
RE: Spouse Visa / Divorce Imminent - Advice Pls - by MarkR - 03-19-2018, 07:24 AM

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