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Right of Retention with a Child!!

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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omonile
Member
Posts: 108
Joined: Mon Feb 16, 2015 6:50 pm

Right of Retention with a Child!!

Post by omonile » Mon May 04, 2015 8:51 pm

Hi all!
I am a keen follower of this wonderful forum and need help regarding my precarious situation.
I have a 5years Eea RC that expires in 2018 but my marriage is in serious trouble and might not last the distance. I would like to know, since my marriage has lasted more than 3years but no guarantee that my wife will provide proof of treaty right after divorce; would the fact that we have a child together help to secure my right of retention? Expertise of all moderators and kind contributors will be appreciated.
Thanks

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Right of Retention with a Child!!

Post by Obie » Mon May 04, 2015 10:32 pm

Having a child, removes the 3 years of marriage requirement, provided that the court has passed an order that he should access the child in the UK.
Smooth seas do not make skilful sailors

omonile
Member
Posts: 108
Joined: Mon Feb 16, 2015 6:50 pm

Re: Right of Retention with a Child!!

Post by omonile » Tue May 05, 2015 12:41 pm

Thanks Obie.I am relieved to know that.I know the forum is not divorce forum but it would be highly appreciated if anyone with idea on how to go about the right of access can share the procedure with me as i think the divorce may not get to court but will pursue that within the terms of her divorce petition.
OBIE,PLEASE CHANGE YOUR OCCUPATION IN THE STATUS COLUMN.YOU ARE A TEACHER NOW,NOT A STUDENT.CHEERS!!!!!!

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Right of Retention with a Child!!

Post by Obie » Tue May 05, 2015 1:22 pm

omonile wrote:Thanks Obie.I am relieved to know that.I know the forum is not divorce forum but it would be highly appreciated if anyone with idea on how to go about the right of access can share the procedure with me as i think the divorce may not get to court but will pursue that within the terms of her divorce petition.
OBIE,PLEASE CHANGE YOUR OCCUPATION IN THE STATUS COLUMN.YOU ARE A TEACHER NOW,NOT A STUDENT.CHEERS!!!!!!

Thanks for the compliment, not sure I am really worthy of such honour, of being called a teacher, but thanks nevertheless.

You are right, that a lot has changed since i joined the forum 6 years back, when i was then a student. However I believe that one never cease learning, and that learning is a life long exercise, so in that regards I am still a Student. But you are correct, I have ceased from being a student in the literal sense of the word.

In regards to Access, you cannot go to the court if both parties agree on arrangement for the child and are complying with it.


In any event, i am not sure the access to the child will assist you much, as you have been married for more than 3 years, prior to the initiation of the petition.

The hurdle of the treaty rights at the time of divorce, is indeed something you will need to overcome, whether you go on the child access route or the 3 years of marriage route.
Smooth seas do not make skilful sailors

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