We have just finished a relocation case, successfully acting for a mother who wanted to return to her native Hungary with her young child. The father objected but at a full hearing the judge agreed the move was in the child’s best interests.
In this particular case the child was under 3 years of age and both parents and child lived in UK. Our Head of Family Law, Jenny Sharma, acted for the mother. Both parties were foreign nationals of differing countries. The father objected to the application and wanted the child to remain in the UK so his relationship with the child could continue.
What needs to be considered to relocate a child to another country?
The Judge required full details of the plan for the child if the child were to relocate with mother to Hungary. Also required was detailed information regarding how the mother expected contact to continue between the father and the child. The alternative scenario must also be considered, how contact would progress between both parents if the child remained in the UK given mother’s desire to return to Hungary.
The case was complicated by uncertainty regarding the father’s immigration status for remaining in the UK. Expert knowledge from our immigration solicitors came in handy here as we were able to address the judge regarding options in this regard.
After a full hearing the Judge agreed the child’s best interests were served by returning to Hungary with mother and having regular contact with father in both Hungary and the UK.
Jenny Sharma also successfully dealt with this client’s divorce from start to finish against father of the child.
As always she gave a truly personal service to this client at an extremely emotional and uncertain time for her. She was in the UK alone, with no family to support her and thus Jenny was always available to her by phone, email and visits.
Relocating with a child
If you need any help or advice about relocating to another country with a child, no matter how complicated the circumstances, please get in touch. First appointments with Jenny Sharma are free and your enquiry will be completely confidential and handled sensitively.
There’s been lots in the news recently about the Windrush Scandal and the terrible impact of the Home Office treatment of people from the Commonwealth who are struggling to prove their right to be in the UK.
The scale is only now beginning to be understood, this article from the BBC confirms:
Of the 524,000 people living in the UK in June 2017 who arrived from a Commonwealth country before 1971, 57,000 of them are not UK nationals. Of this group, 15,000 were from Jamaica, 13,000 from India and 29,000 from elsewhere
There is so much anxiety and uncertainty in the community following the coverage of the windrush cases and we are keen to help those who are worried about their status.
We hold at least two free immigration advice sessions each week, anyone is welcome to come along, and you don’t need an appointment.
All information discussed with us will be strictly confidential.
If you are unsure of your status please come along to one of our advice sessions or get in touch. We’ve helped other people in similar situations. Through his work with the Refugee and Migrant Centre, Jim Wilson helped Paulette Wilson secure her official leave to remain status.
If you or someone you know has no status in the UK, you should check to see if your parents or grandparents came to the UK before 1971, as you or they may be British and not even know it.
For friendly, confidential advice, please get in touch with our highly experienced immigration team. Or come along to one of our free advice sessions.
Making Subject Access Requests to the Home Office is an important tool for legal representatives in establishing a person’s immigration history in the UK. They can provide invaluable details about previous applications made, the evidence relied upon and even contain the caseworker’s notes during the consideration process of previous applications.
J M Wilson Solicitors offer free Immigration (no appointment required) drop in advice surgeries which run at the following days and times:
J M Wilson Solicitors are seeking a Level 2 Immigration Accredited Caseworker to join an ever busy and expanding Immigration Department.
We have been the leading Solicitors in challenging the introduction of the English Language requirement for spouses, the controversial minimum income requirement and more recently, the unfair deport first and appeal letter later certification process applied to foreign prisoners. We have been able to help those, who otherwise cannot afford to instruct solicitors, through Legal Aid and we are one of the few firms in the West Midlands to still hold such a contract.