Seperation/Divorce

[brian90210]

Hi,
I am on EEA FAMILY PERMIT (resident permit) married to my polish wife, has a one child.
But our marriage is falling apart. And I felt its best if I move out and let her do whatever she wants. But my questions are that:

1) can her cancel my VISA if I move out?
2) can her take my child away from me? (Stop me from seeing )
3) can I take my child with me instead if leaving her behind with her mother?
4) what's worst I must face apart from losing my family and child?

Please help me out because I'm really confused now.

Information :

Married : dec 2012
Visa issued: feb 2013
Child born : oct 2013
Separation : Due anytime soon.

Thank you.

[Obie]

Well, it all depends on what your plans for the future is.

You may be able to divorce and retain your right of residence. But your marriage seem to be at the stage of infancy. Perhaps you should give yourself some time.

If you are refused contact and access, you can apply to the courts for this.

[brian90210]

Thank obie. Yeh I don't want to but its almost impossible to live with my wife any longer but I always remind my self that if I leave its my beautiful little child's life I'm ruining. Believe me I pray the God for more strength everyday. Anyway I much appreciate your kind words and thank you for taking time to reply. Cheers.

[Obie]

If things dont work out, then you cant do much. You can simply preserve your position in light on new rules coming into force, which could require you to show evidence that shevis exercising treaty right during the currency of your Residence Card.

[brian90210]

Hi obie,
I'm sorry I didn't understand. What do you mean that I have to show evidence of her exercising treaty rights?

Thanx.

[Obie]

Exercising treaty rights means working, self employed, student or self sufficient.

[brian90210]

Oh.. ok. Thanx. Yeh she does work but only part time and claims benefits like housing, tax credits and child etc... will that be a problem? And also what if she goes to poland with my child for good because sometimes she's threatening me that she's gonna take my child away from me and wont let me see her n all. Do you think she can do such things just because she's mother. I mean don't I have any rights for the child?

Thank you.

[Obie]

Well it is alright for her to claim these benefits, provided she works.

If she is threatening to take the child away, you could apply for Prohibitive Steps Order preventing her from doing so.

[brian90210]

Hi obie,
Thank you so much again for the information. Really appreciate it. Now I at least know what should I do if such a situation comes up. Thanks again. I will come back to you again if I need any help. Is there anything I can do for you in return your favour? Please let me know.
Thank you.

[Obie]

I believe sorting you matters out will probably be the best thing you will do for me at the moment.

Please ensure you resolve things amicably in any event, as you will need her in future