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Revoking Spouse Visa Whilst Divorcing - Need Advice
#1
Hi All, like many have found this forum helpful, therefore wanted to check in to see if anyone out there could help answer the following, thanks in advance.

My wife is on a Spouse Visa, I applied for a divorce based on unreasonable behaviour. She's verbally abusive to me which often is in front of our young children (both below 10).  She hasn't answered/signed the divorce application and I have applied for a Deemed Served and waiting for it to come through, meanwhile her behaviour is getting worse and I am getting a bit desperate (having to put up with it) as we are still living together.

I thought to simply inform the Home Office that our marriage no longer subsists so they revoke her visa however, I am wary of information that a solicitor warned me of about what she could do if I did this.

Apparently, if her visa was revoked (and she most likely would return to the non-European country where she is from), she could apply for a Specific Issue Order to take the children with her...  I thought that she would have to apply for a Relocation Order which I have researched, and believe I could successfully challenge based on the wealth of evidence to support my role as Primary Carer of the children.

The spouse visa is below 5 years old so far so she could not apply for Indefinite Leave to Remain. She isn't wealthy, doesn't have a steady income and we currently rent the property we are living in (I have my own business which has only recently started making money and no financial or other assets).

So do people on here agree that she could take this step (or a lawyer might advise her to do so) if I took the action of having her spouse visa revoked?
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#2
we all get bitter because of the other person's actions and we go thru lot of thoughts...but one thing I wouldn't do no matter how nasty the ex has been to me, is to separate the children from their mother (or father if it is other party). Children will suffer in the longer term and you don;t want that.

I had a slightly similar situation where in, when i separated from children's mother, she was on non-eu spouse visa..which she later got ILR based on all the allegations of DA/DV which later found to be disproved, but she retained the ILR...I'm still seeing the children at the contact center for more than a year, she tried everything to take me out of children's lives. There is still a lot of bitterness for what she done to me and children for last nearly 2 years, but not once have i contemplated asking for full custody or separating children from mother.

In your case, I believe you can expect her to take extreme steps, even alleging DV/DA if her visa is revoked.

by the way, when my children's mother made an application at the court to ask for my access with the children to be 'not more than an hour of supervised access at the contact center', and 'no other forms of communication'....it was viewed VERY VERY NEGATIVELY by courts and cafcass alike. Judges don't like someone acting in that controlled manner and trying to take other parent out of children's lives. it could very well be the same if father is done the same thing.
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#3
I would focus on getting child arrangements sorted legally and not actively pursue the divorce or any revoking of her visa at this stage. To do that you will need to have had a MIAM (first mediation appointment). She will then be invited to the next one. If she won't go or doesn't turn up then you get signed off mediation and are free to apply to court for a Child Arrangements order on a C100. It is usually advised not to move out until you have the Child Arrangements legally in place. If you need support at home then get some counselling as well and protect yourself. Try and live in separate areas of the house if you can and keep a diary and careful records of anything said or done by her. Some Dads recommend videoing things she does and says - but I would not let her know you are doing that or she may become worse or violent.

Apply for 50/50 shared care, lives with both parents. Explain that you are holding off moving out of the family home until child arrangements are legally in place and have concerns about your ex possibly leaving the country with the children. In fact on the C100 you could ask for prohibited steps as well as child arrangements - ie prohibited steps that she may not leave the country without the children without court permission.

As you say she could apply for a specific issues order to ask to leave the country - but it is unlikely to be granted - at least currently - so the sooner you get an application in, the sooner it puts you in a stronger position.

Meanwhile try and put feelings aside (not easy) re the divorce and focus on trying to keep things calm at home for the kids. Hence getting counselling and support. Appease your ex if you can for this purpose.

Basically I would put divorce on hold until you have the child arrangements legalised. If and when you separate - were you planning to move out or did you want her to move out? If you're renting that isn't really the main issue. The main issue is if you move out without a Child Arrangements order and she stops the kids seeing you, you might not get to see them for a very long time - especially if she makes allegations. If you have an order and she tries to stop them seeing you, you can enforce the order. You won't get residency so best option is to ask for 50/50 "lives with both parents" and a prohibited steps order to say Mother may not relocate the children out of the country.

I would not think about having her visa revoked right now - that could be seen as a hostile action against her by the family courts and you want them onside. Make the legality of being a 50/50 parent the priority right now. You can always apply for residency later if she applies for permission to leave the country. Have the kids always lived in the Uk?
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