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Yes he is the father of the kids. It is a bad situation but if she is sleeping with this other man does that save him....I have heard if there is domestic violence then things are different.Frontier Mole wrote:Unless he can get a court order granting access to his kids then he is on his way home. They are HIS kids?
I read on another forum that in the case of domestic violence you can apply under SET(DV) and thought there may be something in this case.Frontier Mole wrote:Why on earth would it save him if she is sleeping with another man???
As for domestic violence - where does that fit in??
If he does not get a court order to gain access to the kids he has had it. This assumes she is not going to help him out by giving him an informal right of access in a signed document.
How much time has he been given by UKBA?
No no, there is no violence in his case but I wondered if, like domestic violence, there is anything for this situation where the other half is at it with another person whilst married.Frontier Mole wrote:If he does not have evidence of applying to the court for the order then he will not get another chance. He will be on the plane before he knows it.
Forget DV how can he qualify - are you saying he was beaten by his wife? Unless there is prior evidence, police reports etc then I do not see what you are getting at. Are you suggesting claim DV to stall his departure? Not a good idea.
You have got the right rules and ILR could be granted after one year. Be careful on this point as the frequency of visits and/or over night stays is important.
Does he work and have accommodation etc?
That wasn't what I meant in any way shape or form. I know what DV is! I wanted to know if there was somethig that covers this case under her committing adultery! Don't worry about it anyway there clearly is not!Her having another partner is no grounds for DV