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Residencey Order And Divorce


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Hi

Im new to the forum (so not sure it this is the right place to post) but i have a similar problem.

My husband wants a divorce and allowed me to leave turkey with our child 6 months ago to return to the UK .

He pushed me to leave and said our child would have a better life here.

I do not want a divorce and everytime he speaks with me he just goes on about the divorce.

Iam seeing a lawyer next week as my concerns are should i and my child i return for a visit he may not let me leave again as i read previously stated that until divorced he can stop me.

I have been told i do not need a divorce to obtain a resedency order for my child,this seems like a good option for me as i do not want to pay for a divorce that iam against.

My concern is that he never gave me in writing that i could leave turkey although i asked at the time and he refused saying his word was enough. If i go for this resedency order what could happen if he lies and states i left without his knowledge??

Im thinking that as six months have past and we are still in good contact ,he knows where we live and the fact i dont want a divorce surely should have bearing on this.

I must state he has made no such threats but its still a concern as i have settled back here with a new home and i and my child have a happy life here.

Has anyone on the forum applyied for one of these resendency orders,also my child was born in Turkey and I and my child have dual nationality does this have any bearing??

Advice please.

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Hi Guzel and welcome.Posted Image

I can see you are very confused. So let me try to explain this. As you and your child are now in the UK and you are both British citizens, your case will be determined under British law.

If there had been any problem about bringing your child to the UK you would presumably have been stopped at the Turkish airport from where you departed.

As your husband is not in the UK he will have no say whatsoever in any proceedings in a UK court of law unless he hires a UK lawyer to act on his behalf. This I assume is highly unlikely as it will be very expensive.

A Residence Order is an Order "setting the arrangements" to be made as to the person with whom a child is to live.

It replaces what used to be called "custody"

The court may request a report from a CAFCASS Family Court Adviser ( Children and Family Court Advisory and Support Service - CAFCASS) who will talk to you and assess you as a parent , and the following :-
The ascertainable wishes and feelings of the child, considered in the light of his age
and understanding
The child’s physical, emotional and educational needs
The likely effect on the child of any change in the child’s circumstances
The child’s age, sex, background and any characteristics that the Court considers
relevant
Any harm suffered or likely to be suffered by the child
How capable each parent, and any other person in relation to whom the Court
considered the question to be relevant, is of meeting the child’s needs
The range of powers available to the Court in the proceedings in question.
The Court will consider the above in the light of the evidence it has heard and read and
also the recommendation of the Welfare Officer.

Child(ren) should not be brought to any court hearing.
Where a Residence Order is in force no one can change the child’s surname or remove the child from the UK (except the person who has the Residence Order who can take the child for a holiday of up to one month) without the written permission of everyone who has
Parental Responsibility for the child, or the permission of the Court.
You may also want a PROHIBITED STEPS ORDER in place with the Residence Order. If you are worried your ex-partner may seek to unlawfully take/keep your child abroad, then you should also ask for the Prohibited Steps Order.
I hope that helps you Guzel regarding the Residence Order.
Taking off my lawyers hat and speaking from a personal point of view , why do you want to remain married to a man who does not want to be with you?
Are you hoping he will change his mind? This is your chance to sort out your life and do the best you can for your child. As for going to Turkey I suggest you don't go there until you are divorced in the UK. By the way there is nothing to stop your husband starting divorce proceedings in Turkey.
I wish you all the very best, get in touch if you need any further help Posted Image

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Thankyou Aston

That has been very helpful and good clear advise.

I think mainly i dont want a divorce as im frightened of losing my child,but also like you said i had prayed he would come to his senses and realise what hes losing.

He has asked me to sent him power of attorney to agree to a divorce so he can go ahead without me there (i think because its cheaper if you are both in agreement).

However i dont trust this so therefore i told him to wait.

I understand by the reply you sent me that once i get a residency order for my child i could go ahead myself with divorce through the UK courts even though we were married in Turkey??

Does the question of custody rise again then in the divorce procedings or does the resedency order superseed this??

Really the most important person to me is my child so whichever is the best option for us i will go ahead with.

Again thankyou for your help.

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Guzel, it makes no difference where you married if you are living in the UK you need to divorce in the UK as well as proceeding with the residence of your child.

This statement:- The Petitioner is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately prior to the petition. applies to you when you submit. a divorce petition. Domicile means the country which is your permanent home and habitually resident is the country where you live for settled purposes.

Your husband needs the Turkish divorce as he will not be able to remarry in Turkey if he doesn't divorce in Turkey. It sounds to me that he is in a rush to divorce so maybe we has someone else.

Family matters and divorce are handled separately in the UK so you need to sort out the child's residence first and then divorce in the UK on the grounds of your husbands unreasonable behaviour, The divorce judge will then be satisfied that your family matter is resolved. I think you definitely need a Prohibited Steps Order

Once you have your British decree absolute you can send it to your husband with a power of attorney. By then you will have safeguarded yourself and your child.Posted Image

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