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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33802
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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Injunction possible/likely or something else that may help?

Resolved Question:

Injunction possible/likely or something else that may help? 


My brother, 50, who lives with and cares for our father (83yr old widower, diagnosed with Alzheimers and never goes out), married a woman almost two years ago. Since marrying, his wife has split her week (3 nights with my brother in our father's home, 4 nights with her parents).  She has some mental issues but refuses to seek medical help despite 'hearing voices' and being adamant she is sexually abused almost nightly. My concern is for the welfare of my father as she has violent rages (am told the police have been called in the past). My brother talks about divorcing her but readily admits she bullies him. Is there anything I can do to ensure my father gets peaceable enjoyment of his own home i.e. can I legally keep her away from my father/his home?

Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

Thank you, XXXXX XXXXX willing to wait. This situation has been going on for a while and it seems things are getting worse so any/all information would be very useful.


 

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question. |
My name is Clare
I will do my best to help you but I need some further information first.
Does you father still have mental capacity at all?
Does anyone hold Power of Attorney for him?
Clare
Customer: replied 2 years ago.


Hi, thanks, XXXXX XXXXX help.


 


My father was diagnosed a couple of years ago as being in the early stages of Alzheimers. My mother died nearly six years ago and he's never recovered from his grief e.g. he still refers to her as 'being out shopping'. However, to a stranger he seems quite 'normal'; it's only when you dig deeper that you realise he has little/no short term memory so in answer to your question No, unfortunately, no PoA in in place as the diagnosis happened almost accidentally when we were trying to get the GP to help him through the bereavement process.


 


My father is a very private person; refuses to go out - possibly slightly agrophobic but probably just being stubborn. He has even been known to turn the GP away from the door but a carer calls twice a day now to check he's OK.


 


The difficulty, of course, is that whilst he's probably very anxious at the time of all the rows between my brother and his wife by the following day he can't remember them. I recently asked him how things were and he said he thought they were 'getting on better' whereas from talking to my brother that's far from reality.


 


My brother admits his wife does not like my father (due to a certain incident 12 months ago, resulting in her being taken away by the police); she only tends to stay over at w/e's (stays in bed till lunch-time; won't cook, clean, help around the house in any way), goes back to live with her own parents during the week and refuses to work (was on JSA until the time deadline ran out).


 


Sorry for all the additional information but I know my dad likes his peace and quiet so would like to help him if I can. (Am 300 miles away.)


 


My brother talks of divorcing her but last night he told me she wants to 'try again'; he seems to have no concept that he has any choice in the matter....


 


Any/all ideas/advice very much appreciated!

Expert:  Clare replied 2 years ago.
Hi
Do the carers have any concerns about her behaviour?
Clare
Customer: replied 2 years ago.

Not that I know of - they come morning and lunchtime when generally she's still in bed. The rows happen in the evening.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that this is a matter for your brother to deal with
If you are unhappy with the care that your brother is giving your father then you need to consider making alternative arrangements for his long term care
There is no action that you can take against your brother's wife - unless of course she is violent towards your father at which point you can obtain an Order excluding her from the house
I am sorry not to give you better news, please ask if you need further details
Clare
Customer: replied 2 years ago.

Appreciate your advice; can you tell me more as to what would be required to obtain "an Order excluding her from the house"?

Expert:  Clare replied 2 years ago.
Hi
There would have had to have been a recent assault on your father
Clare
Customer: replied 2 years ago.

Thanks; am guessing that means physical assault - there was some sort of struggle over the phone last year where he ended up on the floor and the police took her away but am not aware of anything else since. It's more mental discomfort than physical abuse - least as far as I know - but at least I now know what to watch out for. Appreciate your help.

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - and yes had immediate action been taken last year that coudl have justified an exclusion order
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33802
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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