What would happen to my son if divorced wife n ukspouse visa

[mshahid]

Hi Guys.

I am married, my wife is in the UK on a spouse visa. We are having problems and it may end up in a divorce. We do have a son together. I would like full custody of my son and keep him in the UK. He is British born, would i be able to do this?

Thanks

[geriatrix]

This is an immigration-related board and effectively you are asking about a family law matter. You should contact a Family Law Solicitor.


regards

[mshahid]

This is a question about immigration, as if the divorce does occur then the uk spouse visa will become invalid thus she would need to leave the country am i correct. So as the child is british would i have sole custody of him?

[sanjacs]

No you wont have custody (sorry)

Similar thing happened to my friend, and she could proove that the husband was violent to her. She has been given ILR so that they can both have access to the child. And she's been housed by CS and properly taken care of.

Its only if the mother isnt capable that the father would be given full custody. Common, you dont just expect the mother of ur child to just go back to her country leaving her child!!! That is very heartless.

[sanjacs]

Let me add, capable meaning mentally capable. You wont even get custody based on the fact that she doesnt work or cant provide for the child becos social service will provide for them both.

The law recognises the rights of the mother in this country. The worse that would happen is, she'll go back with the child.

I'll advise you to be amicable with the mother becos you cant win this. My friend's husbands had the most expensive lawyers, and she couldnt even afford a lawyer, yet she won the case hands down. So be wise, dont allow any lawyer waste ur time and money.

[mtuckersa]

sanjacs is right!! be very careful. they will allow the mother to leave the country with your child even if you get an interdict(think its call that) which costs £2000 to stop her taking the child out. So you will waste £2000 on something that wont work. The fact that the mother is a foreigner allows them to let the mother out of the country with the child. If she was british she would NOT be allowed out of the country with the child.

As sanjacs has mentioned you are going to have to work something out with her.

[geriatrix]

This is a question about immigration, as if the divorce does occur then the uk spouse visa will become invalid thus she would need to leave the country am i correct.

If the divorce goes through, your spouse's stay in the UK doesn't automatically become invalid. You need to report the breakdown in relationship to UKBA but it is at their discretion as to what action they should take. UKBA may just do nothing with regards to curtailing current leave of your spouse. And, depending on how things pan out, she may be eligible to enter / remain in the UK through "access to child" route.

So as the child is british would i have sole custody of him?

Who gets custody of the child is not an immigration issue. Also, as responses above suggest, you may not get sole custody just because the child ia British citizen, Seek advice from a family law solicitor on matters regarding custody of the child.



regards

[Obie]

You really have to choose whether you would like to see your ex removed from the UK more than having a part in your child's life.

The law is simple, during her probation period, she has to be with you in a subsisting relationship , save for domestic violence, or she wouldn't qualify for ILR at the end of her probation period.

With regards to the child, you will be unable to gain custody except you can show she is an incompetent or abusive mother, incapable of taking care of your son.

If you went and apply for custody rights, and the court agree that the contact should take place in the UK, with your consent, then she would retain right of residence on the basis of that.

You will need to sit down and think things through properly.

Relationship breakdown can be quite disheartening, but you have to be aware that revenge cannot always be the best healing strategy.

[avjones]

No you wont have custody (sorry)

Similar thing happened to my friend, and she could proove that the husband was violent to her. She has been given ILR so that they can both have access to the child. And she's been housed by CS and properly taken care of.

Its only if the mother isnt capable that the father would be given full custody. Common, you dont just expect the mother of ur child to just go back to her country leaving her child!!! That is very heartless.

Custody doesn't automatically go to the mother.

However, with a very young child, it's likely that it will, especially if she's the main carer.