Entry of mother to claim child custody

[sibaji]

Here is a case:

The mother (Indian national with no valid UK visa) is trying to enter the UK to start a child custody battle against her husband (Indian national in the UK and a UK permanent resident) for her daughter (Indian national in the UK and a UK permanent resident).

How is it possible for the mother to enter the UK to slap a child custody battle in the UK ? Which visa would she apply for, to enter the UK for the purpose of starting a court battle in the UK for child custody ?

Another question is: Will she get UK legal aid in such a scenario ?

A response would be greatly appreciated !!

[Lucapooka]

Well she does not have to be in the UK to instigate legal proceedings but she can enter the UK as a visitor to do so, by applying for that visa category. What is her intention if she is granted contact (It's not called custody these days)?

It's very kind of you to offer her help in this matter but it would be better if she asked her own questions with all of the relevant details.

[sibaji]

Thanks Lucapooka, for your response.

The mother abandoned her family (along with the baby) in the UK with the husband, and is now trying to get back her daughter after 2 years. What would be the typical UK court's response to this ?

The mother's intention is to get custody of the child and take her back to India with her. Is this possible, if the father (UK permanent resident and Indian national) objects to that ?

Does the situation changes if the father and the child both become UK citizens soon?

[PaperPusher]

Here is a case:

The mother (Indian national with no valid UK visa) is trying to enter the UK to start a child custody battle against her husband (Indian national in the UK and a UK permanent resident) for her daughter (Indian national in the UK and a UK permanent resident).

How is it possible for the mother to enter the UK to slap a child custody battle in the UK ? Which visa would she apply for, to enter the UK for the purpose of starting a court battle in the UK for child custody ?

Another question is: Will she get UK legal aid in such a scenario ?

A response would be greatly appreciated !!

None of your business is it if you are the father, and it would be a court case, not a child custody battle. If parents cannot agree where a child will live and/or the amount of contact with each parent then they can go to court.

Most parents avoid putting their child through the stress by making an equitable and mature agreement as a mother and father who both love their child and are acting in the interests of their child.

[Lucapooka]

Apart from applying for a visit visa (which has been discussed) the rest of your questions are a matter for Family Law, and that is beyond the scope of this discussion forum. Your friend needs to take proper legal advice and, in her case, it's not something that can be garnered from a forum.