How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I have been married for 18 years and have experienced martial

Resolved Question:

I have been married for 18 years and have experienced martial abuse
from the beginning. My husband was recently arrested 21st July 14 for
assaulting my son age
13. He is presently on bail till 28th October whilst the police
investigate the allegation,.
I was able to apply and be granted a Non Molestation Order for a year
from 27.8.14 however I received a Court Order on Friday 17th October
to state that the previous
Non Molestation Order had been discharged. I would like to know what I
need to do next.
I have also started divorce proceedings. I have received my Decree
Nisi and presently waiting for the 6 weeks and 1 day to pass before I
apply for my Decree Absolute.
which should be around the 12 November 2014. I will be out of the
country from the 7th November for approximately 7 weeks with my
children.
My husband and I have Joint Tenancy. I would like to apply to have
Sole Tenancy based on the grounds that I am the parent with sole care
of our 6 children 5 of which
are under 18 and would like to make an application to the court to
reflect this. My husband does not currently reside at the property but
wants to come back as he states
I have no rights to keep him out of the property
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 old are the children?
Is this a private tenancy or Social Housing?
Why was the Order discharged?
Clare
Customer: replied 2 years ago.

Hi Clare

The children are 10, 13,14,15,17,18.

Social Housing

The order was discharged because respondent claimed that the information in the non molestation order was false and that I was trying to get him out of the property due to an impending divorce

Expert:  Clare replied 2 years ago.
Hi
Did you attend the hearing for that?
Clare
Customer: replied 2 years ago.

No I did not

Expert:  Clare replied 2 years ago.
Hi
Were you aware of the hearing?
Clare
Customer: replied 2 years ago.

No

Expert:  Clare replied 2 years ago.
Hi
When did you first find out about it?
Did you ask the court why it went ahead without you?
Clare
Customer: replied 2 years ago.

I just received it on Friday 17th October. should I contact the court and ask them. can you suggest what else I should ask or do.

Expert:  Clare replied 2 years ago.
Hi
Are you sure that the Order has already been dismissed - when was the actual hearing date for it?
Clare
Customer: replied 2 years ago.

Hi I cannot see a date where there was a hearing. The statement has

been signed by the respondent on 17th September and posted 16th

October by Romford County Court and I received it on 17th October.

Expert:  Clare replied 2 years ago.
Hi
So this is a Statement not an Order?
Clare
Customer: replied 2 years ago.

An application to vary, extend or discharge an order in existing

proceedings form has been completed accompanied by a statement and

I have now been served with the order.

Expert:  Clare replied 2 years ago.
Hi
Sorry - were you served with the application - when was the hearing date?
Clare
Customer: replied 2 years ago.

Hi Clare. We seem to be going round in circles. I received the above information on friday. I have not attended a hearing. What do you suggest i do?

Expert:  Clare replied 2 years ago.
Hi
I am still trying to establish if what you have received is the application for the Order to be discharged or the Order itself.
If you have received the Order itself then you need to appeal it immediately on the basis that your were not given a chance to make representations
Either way you need to apply to the court for an Order transferring the Tenancy into your sole name
This can be done either within the financial side of the divorce proceedings - or By starting a separate application using the form here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0008/5521/D50B.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare, Thanks very much for information. Can this form be used with social housing. Can you please send me a link to the financial side of the divorce proceedings.

Thanks

Expert:  Clare replied 2 years ago.
Hi
Yes indeed it can and is a cost effective option
The form you would need to pursue finances is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters