Protecting a Mother and child from an abusive Father

Marie represented a Mother, a foreign national, who had come to the UK with the Father after an arranged marriage. During their short marriage he had been physically, verbally and emotionally abusive, and coercive and controlling.

For financial reasons, he sent Marie’s client and their new-born baby back to their country of origin. However, she returned to the UK without his knowledge and was placed in a refuge for her protection. The Father discovered she was in the country, tried to persuade her to meet and issued an application for a CAO.

Marie successfully applied for a Non Molestation Injunction against the Father, and for her client’s whereabouts to remain confidential.

The CAO application was then dealt with at a FHDRA hearing. The Mother has made a cross-application for an order that the child lives with her and a Prohibited Steps Order that the Father be prohibited from removing the child from her care. Her orders have already been granted, as the Father is not contesting where the child lives.

The Court listed the case for a fact-finding hearing to determine the Mother’s allegations in relation to domestic abuse. This is the next stage of the proceedings and after that the Court will order a s.7 report and make recommendations as to contact.