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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 daughter and partner have two children, 3 and 5 years. They

Resolved Question:

My daughter and partner have two children, 3 and 5 years. They have been together 6 years. They have moved into a flat he has inherited almost one year ago.
The partner returned this evening with his sister and drove my daughter and the two girls out of the flat and left them on the streets. He is refusing to let them back in. They have phoned from a friends house at 5.30 and are at least safe. They have no where to live. No possessions with them. What can be done legally? Has he broken any laws? What rights to immediate housing does she have. In short what can be done to make her safe and have a roof over her and the children's heads quickly.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
Your daughter can make an immediate application to the court for an order allowing her and the children to return to the property and forcing her ex to leave
The form is here
http://www.thecustodyminefield.com/CourtForms/fl401-eng.pdf
and more information is here
http://www.thecustodyminefield.com/mobile/occupationorder.htmlThis could potentially be just for a short period whilst she is rehoused - or for longer as she can make a claim under Schedule 1 of the Children Act for the right to remain in the property until the childre nare 18.
She should also speak to the Council with regard to Emergency Housing
I hope that this is of assistance - please ask if you need further details
Clare
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