Supporting victims of domestic violence
All too often, those who arrive in the UK on a spouse visa are unaware of their family law rights and immigration options if they want to end their marriage because of domestic violence. Most end up suffering in silence, believing that they have no choice but to stay in the UK in an unhappy marriage, or separate and leave the country. As a victim of domestic abuse in the UK (whether you are married, in a same-sex relationship, or unmarried), you can apply for Indefinite Leave to Remain in the UK. This is possible if your relationship has broken down and you can prove evidence of the alleged abuse.
Our teams appreciate the hardships you may be going through. That's why we've made it our mission to help you understand your immigration rights and find a safe and effective route out of the relationship, without jeopardising your living status here in the UK.
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What is a consent order?A consent order is a legal document that confirms your mutual agreement. It includes details on how the children are to be looked after. Both parents have to sign the draft consent order and get it approved by a judge. It is usually approved without a hearing and saves costs for both parties. If spouses cannot agree, further hearings will need to be held. A CAFCASS officer may spent time with the children and parents for a detail assessment and additional information may also be required. The court will then make a final decision on the arrangements, which is then recorded as an official, legally binding order. The consent order covers: Living arrangements The amount of time spent with each parent When and what types of contact can occur (such as phone calls)
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Applying for a court orderIf you cannot reach an agreement, then a family judge will decide: Which parent will raise the child How much time the other parent can spend with the child What the financial needs of the child are and how they will be met The child’s parents of anyone with parental responsibility can apply for a court order. This includes grandparents however, they will need to obtain permission from the court first before applying for a child arrangement order.
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What is parental responsibility?Parental responsibility pertains to the legal duties, rights, power, and authority that a parent or parental figure has for their child, i.e., their right to make decisions regarding their child. A mother always has parental responsibility. A father usually has parental responsibility if he’s either: Married to the child’s mother Listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in) Having parental responsibility does not mean that you are legally allowed to spend time with your children after separation. It only indicates that the custodial parent needs to receive your permission before making important decisions concerning the children. These include changing schools, moving abroad and other essential matters.
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What is a Specific Issue Order?A specific issue order covers how a child is brought up. This includes: The school they attend If they have a religious education or not Change of name You can also opt for a prohibited steps order to prevent the other parent or ex-spouse from making decisions in their regard.
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What happens if there is an order breach?If the other party breaches the court order already in place, we can represent you in court. We may also recover your cost of enforcement of order from the party who was in breach of the order.
“I had an excellent experience with Solicitor Wasim Ahmad for my visa application. The entire process went smoothly, and I didn't encounter any difficulties. Their expertise and guidance were invaluable, making the journey stress-free. I must also mention that Ali, the admin guy, was incredibly cooperative and helpful. Highly recommended!”
- Anonymous
Find safety and security with backing from the legal experts
MRG Solicitors have aided several victims of domestic violence find peace and build an independent life in the UK. We can help you gather evidence and submit your application for you. Simply call 01615 299777 today.