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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33306
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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MY WIFE AND I HAVE BEEN SEPERATED FOR 2 MONTHS SHE LEFT THE

Customer Question

MY WIFE AND I HAVE BEEN SEPERATED FOR 2 MONTHS
SHE LEFT THE HOME AND TOOK OUR 8 YEAR OLD DAUGHTER WITH HER TO LIVE ROUND A FREINDS
OUR 17 YEAR OLD SON STAYED WITH ME AT OUR HOME WHICH HAS BOTH OUR NAMES ON THE MORTGAGE.
MY WIFE JUST CAME TO TALK ABOUT THE SALE OF OUR HOUSE AND OUR DAUGHTER SAID SHE WANTED TO LIVE WITH ME
MY WIFE DRAGGED HER INTO THE CAR AND SAID YOU WILL NOT BE SEEING HER AGAIN UNTILL COURT
I HAVE BEEN SEEING OUR DAUGHTER REGULARLY 3-4 TIMES A WEEK PREVIOUSLY
WHAT CAN I DO TO HAVE MY DAUGHTER LIVE AT HOME WITH ME AS SHE CLEARLY IS UNHAPPY LIVING WITH HER MUM?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
How much is the house worth and how much is outstanding on the mortgage?
How often have you had your daughter overnight?
Claire
Customer: replied 3 years ago.

the house is just had an offer accepted for £239000.00 we owe £176000.00


i have my daughter 3 nights a week

Expert:  Clare replied 3 years ago.
Hi
How will you be rehousing yourself?
Claire
Customer: replied 3 years ago.

renting probably

Customer: replied 3 years ago.

I'm more concerned about the rights i have to my daughter living with me


 

Expert:  Clare replied 3 years ago.
Hi
Did your daughter say why she wished to stay with you rather than go back with mum?
Claire
Customer: replied 3 years ago.

MY WIFE SAYS SHE HAS APPLIED TO THE COURT FOR AN OCCUPANCY ORDER AND THAT I WILL BE EVICTED AND SHE WILL BE ABLE TO LIVE IN OUR HOME. IS THAT TRUE?

Expert:  Clare replied 3 years ago.
Hi
She may well have applied for an order - but that does not mean it will be granted - unless she can prove that you have been violent towards her.
So far as your daughter is concerned it appears that she has been sharing her week between you until now but that your ex has now stopped contact.
You should try and discuss matters with your ex using Family Mediation (www.familymediationhelpline.co.uk) but if this fails then you can apply to the court for either a shared residence order to re-instate the previous arrangement - or a sole residence order on the basis that the child should live with you
The problem you face is that at 8 your daughter is a little young for her wishes to be decisive in the matter.
My suspicion is that your ex has now discovered that she will have a chance of staying in the house until your daughter is 18 if she has residence of the child and will fight on that basis.
I hope that this is of assistance - please ask if you need further information
Claire

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