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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33805
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 husband is an alcoholic and depressed. I have tried for

Resolved Question:

My husband is an alcoholic and depressed. I have tried for years to help him and the situation is not getting any better despite help from Spectrum. I am having to move out with my two sons age 6 and 10 to live with my sister for a while. This means traveling 40 minutes to their school and back. I would like to ask if there is any way he could be housed and he will not go willingly so that I can stay in my own home before I completely loose my mind.
He has lost his job and is trying to do some self employed work but this is obviously not working because of the alcohol. We do have a mortgage which is not behind at the moment but will not last long as I can not keep up the re-payments. Could you please help. ***** *****
Submitted: 2 years ago.
Category: Family Law
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.
Which part of the Uk are you in?
has there been any violence?
Are you willing to start divorce proceedings?
Clare
Customer: replied 2 years ago.

Hi Clare


 


I live in Hemel Hempstead, Hertfordshire.


No my husband is not physically violent but he is verbally when he has been drinking. Also he takes medication for depression but sometimes forgets which makes him worse.


I do not wish to start divorce proceedings.


Lisa

Expert:  Clare replied 2 years ago.
Hi
Have the children witnessed these incidents?
Clare
Customer: replied 2 years ago.

Hi Clare


 


Yes they have both witnessed these incidents and the older one is very aware that his dad is ill.


 


Lisa

Expert:  Clare replied 2 years ago.
Hi
How many incidents have there been in say the last two months
Clare
Customer: replied 2 years ago.

Hi, yes it has been at least twice a week, and in the last two weeks its been nearly every day.


 


Lisa

Expert:  Clare replied 2 years ago.
Hi
May I ask why you do not wish to start divorce proceedings (this is a matter of assessing the best options for you)
Clare
Customer: replied 2 years ago.

I feel that is a bit extreme as he has not gone off with another woman, he is very ill and all I want to do is protect my children from his behaviour, it was only a little while ago that asked my 10 year old to fetch all his tablets because he said he wanted to kill himself.


 


Lisa

Expert:  Clare replied 2 years ago.
Hi
That is fine.
What other accommodation options does your husband have?
Clare
Customer: replied 2 years ago.

Even if there were somewhere for him to go he would not leave willingly.


The boys need to have a normal life, and this is far from normal.


 


LISA

Expert:  Clare replied 2 years ago.
HI
I appreciate that he will not go voluntarily - but one of the matters the court will consider is where he could go - so are there any options?
Clare
Customer: replied 2 years ago.

I cant think of anyone who would want him in his state, he needs to be in rehab, or somewhere that look after people like him.


Sorry that's not very helpful but my priority are my children, at the moment I don't care where he ends up.


 


Lisa


 


 

Expert:  Clare replied 2 years ago.
Hi
The problem is that since there is no direct violence it is more difficult to obtain an occupation Order excluding your husband from the property
There is case law which makes it clear that there does not have to be a risk of serious harm
http://www.familylawweek.co.uk/site.aspx?i=ed40222
http://www.familylawweek.co.uk/site.aspx?i=ed96248
and that it is sufficient for the children to be being adversely effected by his presence the court does still have to consider the issue of your husband's housing options
I do have to say that your case would be stronger if it was part of divorce proceedings so that your husband was clear that the relationship is at an end but this is NOT essential
Please ask for any further details that you need
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33805
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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