LEGAL EAGLE: I fear my violent husband may leave the UK with my son. What can I do?

A month ago, he strangled me in front of our son until I almost lost consciousness. I could no longer take the abuse so I asked for my family’s help to leave the house we shared. We are currently staying at my parents’ home in Newcastle but he keeps calling me and wants to see us. He has said he will collect our son from school and has threatened that he will not return him to my care. I am worried because his immigration status is uncertain in this country. He is from Iraq so I worry he may take our son there and never return him. What can I do?

I am so sorry to hear that things are so bad for you.

If you are concerned about your son’s safety, then you will need to act as a matter of urgency to protect him as well as yourself. You should seek legal advice immediately. There are a number of steps you can take to protect both of you.

1. Prohibited steps order – this acts as a way of stopping your husband from collecting your son from school. You will need to contact the school and social services to let them know that this has been obtained and that should he attend at the school he should not be allowed to take him. Ensure that you share a copy of the order with the school. The prohibited steps order may also include a clause to state that your husband is prohibited from removing your son from the jurisdiction of England and Wales.

2. Non-molestation order – this order would act to prevent him from harming you and aims to stop him from harassing you and or your son. It also aims to prevent him from being violent to you. If your husband were to breach this order, then he could be arrested and face criminal charges punishable by up to 5 years in prison.

3. Child arrangements order – as it stands, your husband has every right as the father of your son to have contact with your son. This order provides for who your son will live with; how, and when, he will spend time with the other parent.

As you and your son are both at significant risk of harm, you can apply for the non-molestation and prohibited steps orders without your husband knowing and once they are delivered to him, you can notify the police and social services.

You may also be entitled to legal aid.

Ben Hoare Bell LLP has specialist family solicitors who can advise you on issues such as this. To speak to a solicitor please phone 0191 565 3112 or email [email protected]. For further information please visit www.benhoarebell.co.uk.