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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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 been married for 5 years have a 4 and 2 year old and

Resolved Question:

I have been married for 5 years have a 4 and 2 year old and my husband is always leaving us. This weekend he left stayed in a hotel when we have no money and then has gone on a two week holiday without us? Can I stop him from returning to our home on his return from holiday? , Will I get money for kids and mortgage?

NB. He is very aggressive used to be violent but not for two years but is always still emotionally hurting me or abusing me verbally by text or in my face and often in front of the kids. His last words to me were that "it is my responsibility to work and look after kids and no women is telling him what he can do."

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.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Are you willing to start divorce proceedings?
Clare
Customer: replied 2 years ago.
House is 145 mortgage 115. In my name only for 14 years he has only contributed for max 9 months. Divorce would be the final option but not my first at the moment
Customer: replied 2 years ago.
House value 145 mortgage 115, debt 20k. Divorce would be final option but would prefer short term option for him to not be in house to see if he sorts himself out
Expert:  Clare replied 2 years ago.
Hi
How much does he earn?
Clare
Customer: replied 2 years ago.
270 a week
Expert:  Clare replied 2 years ago.
Hi
Is he likely to wish to return to the house?
Clare
Customer: replied 2 years ago.
Yes, he always says no but always does and it gets worse each time . I don't want him here I want a occupancy order and one of those orders to stop him taking
kids abroad
Expert:  Clare replied 2 years ago.
Hi
Neither of you can take the children out of the country without the agreement of the other parent or an Order from the Court
If you believe that there is a real risk that he may do so then you can apply to the court for a prohibited Steps Order preventing him from doing so.
You can read about court applications here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
Obtaining an Occupation Order in the absence of physical violence is not easy - so as a starting point you need to try and discuss a separation with him using Family mediation (www.familymediationhelpline.co.uk)
If there is an incidence of violence you must call the police as this will enable you to apply for the order you need
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
Hi
Can I be of further assistance?
Clare

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