Query about court order to support visa

[HoldOnWoody]

I am currently separated from my husband's visa has been denied. He said he needs a court order to state access to our child, who is a British citizen.

1. Would I have to go to court with my husband to get this?

2. Is the order made under oath?

3. How does the Judge make his decision?

4. How is access monitored, or is it up to me to say whether it is being adhered to?

Thanks for any advice.

[vinny]

See also
Family life as a parent: the new rules.
Parent of a child in the UK.
Family life as a parent.
Appendix FM-SE - Family members - specified evidence.
Family life as a parent of a child in the UK.

[HoldOnWoody]

Thank you. I have already seen the attached and as they do not answer my questions, that is why I came on here.

I need to know:
- what is required from the resident parent
- does the resident parent have to attend court for the order
- does the parent have to agree that the order is being adhered to
- how is the court order monitored from a UKBA perspective

Basically, my husband (estranged), wants a court order detailing that he sees our child between 1-3 times a week and that there is a sleepover at weekends. None of this access takes place. I feel morally wrong to agree to this. Especially if I am declaring this under oath in a court of law.

Thanks for any guidance.

[vinny]

I think most of your questions are answered in the last link. It seems that if you consent to his access rights, then a court order may be unnecessary.

[HoldOnWoody]

I already wrote a letter supporting his visa in his original application. But it was denied. They did not contact me for clarification.

He has not maintained contact with our child - only seen her a few times in the past year. Yet he wants me to agree to a court order detailing that he sees our child three times a week and has regular sleepovers.

The last link does not give enough detailed information, by the way.

[Amber]

If he has no contact with the child it means he's unlikely to do so, should you really participate as a means just to keep him in the UK?

[HoldOnWoody]

Unfortunately, that is what I am thinking

[Amber]

Indeed, you could even state he's had minimal to no contact if you wished. Though, to avoid animosity perhaps just avoid any intervention with the case at all. If he can't take responsibility to help be a father and support you then perhaps he's best not here. Unless he's paying substantial child support to you.

[HoldOnWoody]

He didn't pay anything for a very long time. Eventually he started to pay but it was such a small amount and then said he couldn't pay me, so I took it to the CSA. I still only get a small amount but at least it is consistent. At the moment, anyway. He is not happy that I got the CSA involved.

[Amber]

Tough whether he is happy or not it's your right and he is the Father after all. Well, at least he is paying something albeit reluctantly. Let's hope it continues. I know it sounds rather difficult but if he likely to continue being employed and you get the child maintenance then perhaps it's helpful him being here. Remember that the leave is for 2.5 years so perhaps if it didn't work out, you could bare that in mind for the renewal. It's up to you at the end of the day, consider whether him being here is actually going to help you raise the child, if not, you know the answer.

[HoldOnWoody]

Thanks for advice. It has been helpful in making my decision.