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This forum offers parents the opportunity to voice their own experiences of international parental child abduction, and related issues, and to share useful information with others in a similar situation.

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prohibited steps, evidence, legal aid, please share experience

by Worried / Posted 05/09/2013 / Updated 15/02/2014

Deal All
I am worried my Iranian ex may try to abduct our child abroad.
I am therefore preparing prohibited steps order together with specific issues order.
There is a history of psychological and sexual abuse towards me, so I am also applying for non-molestation order.
I have lost months already trying to obtain evidence for legal aid and check my eligibility.
I finally got my evidence but I know I am slightly over financial threshold. I am however told that I could get some different kind of funding for non-molestation order but not for prohibited steps.
Does anybody have experience in that? Do I really have to pay full fee in those circumstances and there is no funding or have I been misinformed by the solicitors´ firm?
Also: how much evidence do I need to have? (I was told that to have merit for child abduction there has to be history of abduction and direct threats). Do indirect threats (´I don´t want my son to be raised in the country where people have no hearts like you´) and risk factors (diregard for the country, jobless, with no links to UK) count? How to best present evidence? How difficult is it to convince the judge that the fear is reasonable?
Do you have any tips for people who need to represent themselves in this type of court application?
Is it also true that I can´t apply for residency if child already habitually resides with me (the advice I was given)?
Please could you share your experience with me?
Thank you

Responses

From michaela / Posted: 29/10/2013
Yes you can apply to the court for a residency order even when your child is living with you. I did just that. I am also awaiting legal aid to apply to the court to have my child returned to me. He did not return her after contact. You can have what´s called a ´Mackenzie friend´ to assist you in court if you don´t have any legal repretation. Good luck. X
From Rach / Posted: 28/01/2014
Dear Mother
I am so concerns about you listening to anyone ,I have been to court with my horror ex about 35 times in last 4 years
is all depends on the judge and who is involved in your case
1 don´t go to court on your own at all ,no matter how much you know the law all the if you´re husband got a lawyer and barrister they can pull a fast one in court for the position order because you cant join their meeting and decisions also they draft orders only lawyer can fight on your behalf
2 domestic violence court only will look in to it last 2 years then your ex can use it against you if you didn´t press charge at the time of offence the judge will ask you if it was serious why didn´t you get the restating order at the time
TRUST ME
3 if you have a case with the history of domestic violence you are allag to legal aid unless if your earnings is high or have over 2000 saving also if you have mortgage is all depend on your equity
last but not least is most worrying part is your EX iranian
iranian law if the father is iranian the can have iranian passport easy
if god for bit take your kids to iran then the Law in Iran is not kind at all
the children in Iran after age of 7 they belong to father
I don´t know your nationality but not even iranian woman can fight for thier kids most times in court in Iran
You really dont want to face Iranian courts at all ,
iran is so big that it will be hard to find anyone and trust me people won´t help you unless you have connection and money
the only advice I can give you is I pray for you to have good court and understanding judge only and please be clever search on Internet about the court and old case history
God Bless
From Worried / Posted: 11/02/2014
I got ex parte prohibited steps myself. 6 weeks later there was conciliation and directions hearing. CAFCASS (!!!) stated (and it was taken as fact by the judge) that domestic abuse is not relevant to the case as it was not directed at the child and contact will take place outside my address. I had been ignored, I was shouted at by ex´ solicitor. I have read everything available on subject but the judge will rather listen to my ex solicitor as she is considered expert, not me. YES, I know I need to get in debt and fork out for a good solicitor for the next hearing.

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