Client X
The client, an Indonesian national residing in the UK on an unmarried partner visa, has been subjected to coercive control by their partner, a British citizen. The partner abandoned the client while abroad, manipulated their situation to prevent a return to the UK, and made them homeless upon their eventual return. The partner also cancelled the client's visa, claiming they were no longer living together, leaving the client with a deadline to leave the UK. This has left the client financially dependent and without access to their daughter, who is a British citizen. The domestic abuse has been reported to law enforcement under a specific reference number.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal options do I have to regain custody or visitation rights with my daughter, given the current situation?
To seek custody or visitation rights with your daughter, you can apply for a Child Arrangements Order under the relevant legislation. You may want to engage with a family law professional to assist with your case. The court prioritizes the best interests of the child, focusing on their welfare. If legal fees are a concern, you may qualify for legal aid considering the domestic abuse aspects of your situation.
How can I prove coercive control in my case, and what evidence would be required to support my claims?
To prove coercive control, it's important to gather evidence that shows a pattern of behavior intended to isolate or exploit you. This may include communications such as texts or emails, financial records documenting restrictions, witness statements from individuals who observed the abusive behavior, and any medical reports indicating distress due to the partner's actions.
What steps can I take to challenge the cancellation of my partner visa, and is there a way to extend my stay legally in the UK?
To challenge the cancellation of your partner visa and consider extending your stay, you might make a fresh application based on your child's welfare or claim status as a victim of domestic violence. It is critical to assemble evidence to support your claims, such as police reports. Consulting with an immigration adviser who is knowledgeable about domestic abuse cases could be beneficial.
Are there any immediate legal protections or support services available for someone in my situation who has been made homeless and financially dependent?
You may be eligible for protection and support under domestic abuse laws in the UK. Immediate assistance can be sought through national hotlines that offer guidance for accommodation options. Additionally, applying for non-molestation or occupation orders might be advisable. Financial support through government schemes may also be available.
How does my situation affect my daughter's welfare, and what legal rights do I have regarding her care and upbringing while dealing with these issues?
Your daughter's welfare is a primary consideration under relevant family law provisions. She has the right to maintain a relationship with both parents, which impacts decisions about custody or contact arrangements. You may wish to apply for a legal order to secure your rights concerning her upbringing.
