Stam 4 ell me what can i doeufam and spouse refuse to help..

sahir_23 · Post by **sahir_23** » Wed Jun 13, 2012 1:22 am

I am a Non eu national with stamp 4 eufm....please someone who has good understanding of this matter,help me.
I got my stamp 4eufam in augest 2008 back dated to march 2008,so stamp is due to expire soon...i have a daughter which is eu national because she was born there,whole scene is like that.....
my wife went to her country in september 2007 for the delivery reason because she was not happy with this here and my daughter was born in march 2008, both of them came back to ireland in augest 2008 and since then my daughter is getting child money and supplement and she is going to cresh here in ireland and has school for september 2012. now me and spouse are having a serious troubles and i will leave this house in the end of june 1012...we were living all the time together...when my wife came back from her country she applied for social banafit and had dole money for one year,after that she applied again nd while the process was going she found the job and never got banafit since then other than medical card... now she is refusing to give me anykind of documents but iam giving her money for daughter which does not go into her bank account yet,it will go into her bank account from next month... she was working last four years plus one year of social..... i need to know my option.can i do anything on the behalf of my daughter.... please explain me that what are my options and yes..she says she will start divorce in september in her country and we might get deed of sepration in the mean while...
please t

knapps · Post by **knapps** » Wed Jun 13, 2012 10:40 am

Ok, so what you did not make it clear is whether you are going to divorce her or just want to move house. I don't understand if she is living with you and your daughter why she is not giving your the documents.

Ask her to go with your to the immigration office if you have not been married for 5 years so far. If you are you need to send her documents. Convince her , do something and ask her to help you for the sake of your child.

Look at yourself why this is happening?? Ultimately, if you are on your own then go and look for a lawyer.

IF you are legally married for 3 years after that you can apply on your own status for PR

sahir_23 · Post by **sahir_23** » Wed Jun 13, 2012 3:33 pm

Thing is that we both are highly fed up with each other.....it is very long since we have no relationship.....that's why this is happening. And why she won't give me the documents is that in my opinion she feels that if I stay here I might try to steal the child one day, have done everything for convincing her but the limit has approached mate....we are married since June 2007 and apart from that time she lived in her country for the pragnancy we lived together. All o need to know if she says...ok.I have nothing for you,do whatever you want to do...... What are my option in prescribed situation.

walrusgumble · Post by **walrusgumble** » Wed Jun 13, 2012 3:51 pm

You are married, you have automatic guardianship rights.

I would suggest going to family law court and obtaining a court order regarding the right for access to the child and joint custody (probably might not get the latter)

Why?

Section 13 (Directive 2004 / 38 EC) also refers to retaining rights if you continue to have a legal relationship with the child! These would be helpful documents,

If you are giving maintenance for the child, make sure it is direct debit from your account as proof

sahir_23 · Post by **sahir_23** » Wed Jun 13, 2012 4:14 pm

Walrus....thanks for advice... This was one of the thong advised by one of my friend too..... I was Living together so far so I did not bother for direct debit but now the account is going to be open. I want to have the court orders too but what if she agree this on mutely decide sepration...I want to have order from court actually. You think that will be enough. What if she say that she is moving back to her country...where I will be standing then.need to know cause I think my time is running out and I need to take some steps towards that.....intact I don't want her to stop her from going her country because I know that she might have a better life there, but I does not mean that someone use me to establish her savings and build a house and I let her go without me having a permission to live so atleast I can see my daughter when ever I want.

dania · Post by **dania** » Wed Jun 13, 2012 7:57 pm

sahir_23 wrote:Walrus....thanks for advice... This was one of the thong advised by one of my friend too..... I was Living together so far so I did not bother for direct debit but now the account is going to be open. I want to have the court orders too but what if she agree this on mutely decide sepration...I want to have order from court actually. You think that will be enough. What if she say that she is moving back to her country...where I will be standing then.need to know cause I think my time is running out and I need to take some steps towards that.....intact I don't want her to stop her from going her country because I know that she might have a better life there, but I does not mean that someone use me to establish her savings and build a house and I let her go without me having a permission to live so atleast I can see my daughter when ever I want.

hello can u tell which country she is from and the important thing is that u wasted time please do something now as time is running out for you

sahir_23 · Post by **sahir_23** » Wed Jun 13, 2012 9:34 pm

Hello daina.....give me an advice. She is eu national.that should be enough.need to sort it out in happily manners

sahir_23 · Post by **sahir_23** » Thu Jun 14, 2012 8:21 am

What shall i do in this situation,,,please advise.

walrusgumble · Post by **walrusgumble** » Thu Jun 14, 2012 8:39 am

sahir_23 wrote:Walrus....thanks for advice... This was one of the thong advised by one of my friend too..... I was Living together so far so I did not bother for direct debit but now the account is going to be open. I want to have the court orders too but what if she agree this on mutely decide sepration..

Great, she can provide a statement confirming the problems and that you are playing a role in the child's life. You could still go to court just to get the order.

What age is the child? If the child is going to school, then that child is exercising her rights - even if wife is not working now, but did work. See cases like Ibrahim v London Council 2010

sahir_23 wrote:
.I want to have order from court actually.

Go get it then. If she consents, grand, the matter would be dealt with quickly. Live in Dublin ? Go to Dolphin House on Parliament Street and lodge for custody and or access. No harm seeking guardianship too (you are a guardian).

She might say yes now, but no latter. It's nothing personal against her. None of this would allow you to "kidnap the child". For a start it is against the law , secondly it would not be in your favour to do this.

sahir_23 wrote: You think that will be enough. What if she say that she is moving back to her country...where I will be standing then.

Depending on the facts of the case, your personal circumstances, even if you can't rely on EU law to retain your rights (it appears that you have 2 grounds to do so - marriage and child) you might still succeed under Irish law.

You need to get your immigration status sorted. Once you have the confirmed parental rights you might be able to challenge her from leaving with the child. However, while you might not succeed, you may at least have conditions about access to see the child put down. Thus, ensure you envoke your legal rights as the father - married father

sahir_23 wrote: need to know cause I think my time is running out and I need to take some steps towards that....

Act now

knapps · Post by **knapps** » Thu Jun 14, 2012 8:55 am

Yes, I agree, you must act now

El shaddai · Post by **El shaddai** » Thu Jun 14, 2012 1:23 pm

All well said, but i think the best option and easiest option for you could be an amicable and a very peaceful settelment. Try all your best to talk some sense into her head in a very gentle and decent way, she may succumb to your demand, i dont think moving out at this stage will be a better option.
In my own opinion.

Good Luck!

sahir_23 · Post by **sahir_23** » Thu Jun 14, 2012 8:36 pm

Thanks a lot thin ice....ei just really want to finish in decent manners but I'm being pushed towards this... I never wanted to do of what I'm thinking to do now.. may be I will see some solicitor too and will decide my strategy. Thanks for the helpful reply and hope the doj will not play with me... Fingers crossed

sahir_23 · Post by **sahir_23** » Thu Jun 14, 2012 8:48 pm

El shaddi....I tried to talk hundred of time, but she is not one of those who settle the issues in proper manners. She would love to get what she wants peacefully but as far as I'm concern, she has nothing to worry about. It is a Kong story though but I still don't want mess but I can see this coming where she will blame me again for giving her hassle but won't consider the trouble being given to me by her...that's why I want to stand strong this time,and go as far as I have to for my right. Not going to give up anything this time.

dania · Post by **dania** » Fri Jun 15, 2012 1:12 pm

my friend was in same situation like u and he went to talk with brophy solicitors and now he has his status and every thing being sorted out by them in best legal way so i will advice u to see them first before making any decision hope it may help ya

walrusgumble · Post by **walrusgumble** » Fri Jun 15, 2012 1:26 pm

El shaddai wrote:All well said, but i think the best option and easiest option for you could be an amicable and a very peaceful settelment. Try all your best to talk some sense into her head in a very gentle and decent way, she may succumb to your demand, i dont think moving out at this stage will be a better option.
In my own opinion.

Good Luck!

In life, you should learn when to cut your losses. How are you going "to talk some sense into her head"?

"gentle and decent way" ? "succumb" to one's "Demand" Sure. What? Your not in your country now lad.

The woman made herself clear, you go near here, she will threaten the cops.

The sensible approach is to go to court.

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Stam 4 ell me what can i doeufam and spouse refuse to help..

Stam 4 ell me what can i doeufam and spouse refuse to help..

Stamp 4eufam and no help from spouse...