CATCH 22 vs Getting a court order

[manplus]

hello guys.
I recently got divorced and have been in the UK for 10 years. My ex wife 12 years and we have a child who is 9 this 2017. Born and never left the UK

We both had our separate applications for work permit renewal refused by the HO and both are waiting for appeals to be heard.

I had to take my ex wife to court to get contact, however she has restricted me to supervised contact 2 hours twice a month and comes late and leaves when she wants. The contact order I have is an initial introduction only as the judge refused to give a final order owing to our precarius immigration state


MY 1ST TIER REFUSAL
the judge says such contact I have DOES NOT meet the parent route.

My ex wife is unwilling to allow overnight visits or anything else.


MY QUESTION IS THUS
My barrister insists I go back to court to get a final order for my next hearing and ensure proper contact is in place, however my Mckenzie friend says its not worth it, as no judge will give a final order based on a precarious/volatile immigration record of both parents

Catch 22: The immigration judge wants to see a contact order, while the family judge wants to see I have regularized my stay

Obviously we are both in court for years to come and would probably make the 10 year rule soon.

What do you advise ?

thanks
M.E.

[Obie]

For the Judge to say the supervised contact is not accepted is an error of law and I will hope that you barrister pursued it.

[manplus]

For the Judge to say the supervised contact is not accepted is an error of law and I will hope that you barrister pursued it.

Yes he did, however the 1st TIER permission to appeal was refused, I have applied to the upper tribunal directly with virtually the same arguments.

The FTT judge said, the fact I see my daughter and provide thousands of pics, train tickets, monthly payments etc did not mean anything to him and would refuse it saying I have no right to be a father


However my question still stands...

Pending while I await the outcome of the appeal, I want to get more concrete facts, namely more contact, more outings etc which my ex refused to allow.

So do I take her back to court ? as I said earlier, the family and immigration judges are passing the blame ???

[Obie]

You can take it back to court, but if the court makes an order for direct contact, that is supervised, that is indeed sufficient for leave to remain.

[manplus]

You can take it back to court, but if the court makes an order for direct contact, that is supervised, that is indeed sufficient for leave to remain.

thank you for your kind advise


kindly also educate me about the appeal process. My daughter is 9 this 2017, my FTT permission to appeal was declined. So i applied directly to the upper tribunal, if thats declined also, how much appeal opportunities am I given and how long would the timelines be, before I exhaust all opportunities ?

I am told the last option is EU courts or is it a JR ? Which is which ?


thanks

[Obie]

Well if refused, that will bring to an end your section 3C rights, however the option will open to you to apply again within 14 days.

You can challenge the Upper Tribunal refusal of permission via a route called, Cart Judicial review, but that is hard to win.