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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34264
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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How can I stay at home. Why wife has asked me to move. She

Resolved Question:

How can I stay at home. Why wife has asked me to move. She has advised me she has taken out a occupation order and taking advice for me to take an order to stay away from my son. We have been arguing and she believes this is child abuse.
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.
Do you have a drink problem?
Clare
Customer: replied 3 years ago.
I still drink, but not like I used to. My tolerance level has greatly reduced. I do still have a drink now and then. The last time I had a drink was two months ago. I did not realise the level at it would hit me (vodka). It made my wife call the police for asault although, I did not remember this apart from slapping her. I aparenty grabed her hair and pinned her to the garden floor and told her I was going to kill her in front of my two year old son. I was arrested but was not charged. The police did say they would look at this if this happened again.
Expert:  Clare replied 3 years ago.
Hi
How old is your son?
Clare
Customer: replied 3 years ago.
3 in Feb
Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
We purchased the house for £325, 4 years ago. No idea what it's worth now. Our mtg outstanding is about £225.
Expert:  Clare replied 3 years ago.
Hi
Is your wife starting divorce proceedings?
Clare
Customer: replied 3 years ago.
She has said she will, but I don't know if she has started this yet.
Expert:  Clare replied 3 years ago.
Hi
You are entitled to remain in the matrimonial home unless and until you are personally given a Court order stating that you must leave as a result of the Domestic Violence
If you remain in the property then you MUST ensure that you do not drink and there is no violence
It is still likely in the long term that if there is a divorce your ex will remain in the property with the child - but you can delay it a considerable time if you ensure that there are no further incidents
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you