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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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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I was forced to leave my family home in August 2012. My ex-partner

Customer Question

I was forced to leave my family home in August 2012. My ex-partner has allowed her brother to move into my property (which i own) this year, and I want him removed from my property and away from my two daughters 8 and 3, because he is an alcoholic and takes drugs. another parent claims he may have paedophile tendencies. I applied for a non-molestation order and occupation order (because that is what the police told me to do), but the judge said that he was not a relative, so the case was adjourned. I have written a 10 page witness statement, but how do I re-apply and what forms do I use ? thanks, max
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
Your problem is that you are approaching this from the wrong direction.
Your ex is living in the house and only she can get an order excluding him if she does not want him there.
Your approach should be an Application Under the Children Act for a Prohibited Steps Order to stop the children having contact with this man as he is clearly a risk to them.
This is done using a Form C100 and the fee is £215.
If he refuses to leave then your ex will have to apply for an Ouster Order.
Given this risk and what you have previously said I do have to ask whether or not you have considered applying for a Residence Order for the girls
I hope that this is of assistance
Clare
Customer: replied 3 years ago.

Thanks Clare, yes I have a Residents Order application, with a hearing on the 5th December. I also failed with another recent court application, which was a N5 possesison order of my property. This included provisions to rent her and my two daughter a 3 bedroom house. she has refused to leave for 15 months and I have to pay all the bills. the last gas quarter was £2440..in the summer ! I own the title of the property and only my name is XXXXX XXXXX mortgage...so what is this the right form and what should I state ? I put that I was the Landlord and had the right to tell her to leave, but the judge sadi i there was no rent agreement and I had got it all wrong. but, he said "there are plenty of ways you can get possession of your property". can you help advise me, how to re-apply ? (or can I call you and you can charge me a fixed feee for the correct advice over the phone ?)

Expert:  Clare replied 3 years ago.
Hi
Is it the first hearing on 5th December .
Clare
Customer: replied 3 years ago.

No, this is the final hearing, along with social services. SS also reccommend that (a) the brother should be removed from my property and (b) she should move out of my property, as this whole issue is reflecting negatively on my two daughters

Expert:  Clare replied 3 years ago.
Hi
Who are they saying that the children should live with?
Clare
Customer: replied 3 years ago.

Can I just call you ! and you charge me a fee on a debit card. I need 20 minutes of advice, so I can get my two right forms submitted. I am applying to have my two daughters, but do not think the judge will agree and will tell her to get help for drink, drugs and violence, on a trial 6 months. i think that will be the first results. however, I still need to get the brother away from my children and I have to get my proerty back, that is costing me over £4000 per month to run, plus maintenace payments !

Expert:  Clare replied 3 years ago.
Hi
I am sorry but we are not allowed any contact outside of this forum.
With regard to the brother living at the property this can be dealt with within the existing proceedings - if the residence application goes against you you can ask for a Specific Issue order that the brother not be allowed to reside in the same property as the children.
This is the only way that you can force him to leave.
So far as getting your EX to leave that is adiffernt issue altogether and requires an entirely different approach
Clare

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