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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 have suffered a mental breakdown and am recieving help, in

Resolved Question:

i have suffered a mental breakdown and am recieving help in a private clinic, in the mean time my husband has moved his girlfriend into my home with my children, we are crrently going threw a divorce and have been seperated 4 monyhs i have been looking after the children, where do i stand legally at the moment i am homeless

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
How old are the children and how long have you been in the clinic - and what happened?
Clare
Customer: replied 3 years ago.

The children are 8 and 14 I have been in the clinic a week and I am due to leave next Monday, The stresss of my husband leaving and the death of my father and the fact he moved on so quickly meant I really could not cope, I had a similar problem 4 years ago he left and then we got back together.

Expert:  Clare replied 3 years ago.
Hi
has your husband tried to prevent you from returning home?
Clare
Customer: replied 3 years ago.

I have not tried yet, But he has made it clear I can not come back to the house when I leave clinic on Monday.

Expert:  Clare replied 3 years ago.
Hi
May I ask whether the children witnessed your breakdown and were any drink or drugs involved?
Clare
Customer: replied 3 years ago.

I had one incident were my husband came and collected the children because I was drunk no harm came to the children, although I have been drinking over the last few weeks it has only been when he has the children, I have now received help for this I am not a acholholic I was just trying to block everything out.

Expert:  Clare replied 3 years ago.
Hi
Was it the drinking that led yo you going into the clinic?
Clare
Customer: replied 3 years ago.


yes that and the fact I just couldn't cope, I am now on antidepressants and having therapy and I am much stronger and no drinking.

Expert:  Clare replied 3 years ago.
Hi
have Social Services been involved at all
Clare
Customer: replied 3 years ago.

I have not spoken with them, I have heard today he is applying for a Occupational order under the family law act, what does this mean.

Expert:  Clare replied 3 years ago.
Hi
It means that he is applying for an Order that prevents you from returning to the property on the basis that your drinking places the children at risk
I have to be honest and say that there is a chance of success - but equally you can resist it on the basis that you have nowhere else to live
Much will depend on whether or not Social Services have been involved - and who the children wish to live with.
Unless he does obtain an order you can return to the Matrimonial Home whenever you wish
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you