// urgent need: help with UK family law
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Author Topic: urgent need: help with UK family law  (Read 1975 times)
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timbuktu
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« on: Oct 22, 2008 10:24 AM »


peace be upon you

an aquaintance's daughter in Islamabad was married to someone in London in 2004. A daughter was born in 2007. The husband sent his wife with the daughter the same year to meet her parents, but did not call her back. Now divorce petition papers from a London court have been sent here by mail, making unjustified accusations, and seeking all sorts of compensations and custody of the child. He seeks custody of the child, and has even sought attachment of the respondents father's pension and house for maintenance of the child. The court papers are dated 15th October, and response has to be filed in 17 days. How can this girl file a response from here in such a short time, and when the family cannot afford legal counsel?
Fozia
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« Reply #1 on: Oct 22, 2008 10:33 AM »

salam

Is she a UK resident.

Are there witnesses to the fact he sent her home, anyoen who will back her up?


Wassalaam

And when My servants question thee concerning Me, then surely I am nigh. I answer the prayer of the suppliant when he crieth unto Me. So let them hear My call and let them trust in Me, in order that they may be led aright. Surah 2  Verse 186
timbuktu
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« Reply #2 on: Oct 22, 2008 11:23 AM »

peace be upon you

I will meet her uncle this evening, and ask him this question. Are there any other questions I should ask him?
cheese
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« Reply #3 on: Oct 22, 2008 12:05 PM »

Which country was the child born in?
Which country is the child in now?
Who is the child with now?
timbuktu
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« Reply #4 on: Oct 22, 2008 01:00 PM »

peace be upon you

The child was born in London, but before the mother's visa came up for renewal, she was sent home with a one way ticket by the husband. The child now resides with her mother and the mother's family in Islamabad, Pakistan.

The mother has no documents. I will ask if the daughter's documents are with her relatives in London.
cheese
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« Reply #5 on: Oct 22, 2008 02:08 PM »

Under international law the child belongs to the country in which it was born.
Not all countries have signed up to this law. The UK has signed up to it.
The parent who is a national of the country in which the child was born has priority.
I don't think Pakistan has signed up to it though.
They may or may not have done so recently though.
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« Reply #6 on: Oct 22, 2008 05:29 PM »

salam

If the father sent mother and child back he has a weaker case.

As the child has resided with the mother and is used to her presence the courts will want to ensure continuity of care, the mothers case is stronger based on the fact she is primary carer and has in fact been sole carer of the child. The father has never cared for the child and she could base her argument that he would be unfit to suddenly take up caring for the child. If he works she could say he is unable to care for the child oin a full time basis due ot his work commitments whereas she is always there for the child. If he doesnt work than he is not fit to care for the child as he cannot provide for the child, and whilst in the care of the mother the child has been provided for without recourse ot public funds.

Depending on how long they have been apart, the mother could go as far as to say it would be detrimental for the child to be sent to the father as the father is virtually a stranger to the child, and it would be cruel to wrench the child from the bosom of a loving family who have provided from the child thus far and thrust him/her amidst people who have ignored the childs existence until this point, when money appears ot be the cheif motivation.

Wonder if the mother could apply for CSA payments from the father and have it paid into her account in Pakistan?


Wassalaam

And when My servants question thee concerning Me, then surely I am nigh. I answer the prayer of the suppliant when he crieth unto Me. So let them hear My call and let them trust in Me, in order that they may be led aright. Surah 2  Verse 186
Abdurahman
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Oh Allah, Guide us to the Straight Path.


« Reply #7 on: Oct 22, 2008 07:58 PM »

Asalamualaikum wrt wb,


All praise be to Allah.


According to the Law of Allah, which supercedes all other laws, the mother is automatically entitled to custody of the child, as long as she has not remarried.  Furthermore, if she is still breastfeeding, she is entitled to wages for her breastfeeding and maintanance.  Finally, the father is responsible for providing for the child whether in his custody or in the mothers custody.

About seeking to bring the child to the UK, if we suppose the father were entitled to custody, an Islamic judge would have to weigh the circumstances, and see if it is even permissable to send the child to a non-Muslim country.


Finally,  the UK family court has absolutely no jurisdiction in Pakistan.  Using non-Muslim courts to scare the mother and try to extract custody of a child against the laws of Shariah, is sinful and wrong.  Perhaps they think they can scare her into giving up custody of the child by threatening to sue for her father's assets.  That would never hold up in court.  As long as she has no assets in the UK in her name, she has nothing to worry about, inshaAllah.


And Allah knows best.

Be merciful to those on earth, and the One in the Heavens will be merciful to you.
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« Reply #8 on: Oct 23, 2008 03:27 AM »

salaam

since she is in a different country they really cannot do anything.  meaning even if the judge rules that the kid needs to go to the father, nothing can be done to enforce that rule from what ive heard.
timbuktu
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« Reply #9 on: Oct 23, 2008 10:43 AM »

peace be upon you

After meeting the girl and her father, the case is clearer.

The husband's family (sisters and mother) took a dislike to her from the beginning, and the husband has no independent say.

The child was born in London, and the mother has her papers, but the husband took away her passport and never applied for extension of visa. When she was about to board the plane she was given an envelope saying there are documents for her travel, and some money for her expnses. There was no money. The documents were her passport with the expired visa, and deportation order for overstaying.

She cannot now return to the UK.

She talked to the British Embassy about the child having a British passport, but they said unless the father agrees, the child cannot be given a British passport.

In the petition the father has laid claim to compensation on behalf of the child, but he has also written that the child will continue to stay with the mother.

Obviously, just blackmiling the wife into acceppting whatever the sisters and husband's mother have decided. One sister has worked with the social services, and has contacts with the lawyers there.

The girl and her father will contact some Pakistani lawyer today to find out what can be done.

All in all, another event to make me sad over the state of the Ummah.
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