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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1947
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am in horrible situation which is also very complicated

Resolved Question:

Hi ,
I am in horrible situation which is also very complicated ( involve being about to become homeless , ex partner wanting me and our children out , not having guarantee he will provide us with any money for living , suspicion of sexual abuse on child , and recently small act of violent towards me by my ex ) I need help to make sure he will not have the children for the night ever I am thinking the right think to do will be going to court and not allow him see the children or take them at the moment he is allowed only supervised contact with kids made agreement between us and social services .
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I wonder if I can get a lawyer for free in this situation and what I need to do how to do it what information i should collect . My ex is a perfect men for every single person only at home he was different .
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Just a bit more information required:
1. Are you married?
2. Where are you, the children and ex-partner living now?
3. Is the property owned/rented and whose name is ***** *****?
4. What are social services doing? Is there a child protection plan in place?
5. What are the current arrangements for the children?
6. Are you working/on benefits?
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
We weren't married ( over for years relation living together till 1/09/2015 . Due to not enough of the evidence he got of the bail last week after 3 months . He is currently living with his mother we are registered as homeless but still living in our family home while bidding on houses in band A . The house is owned by my ex who never let me pay any bills , I was redused any benefits and we live only on child maintance and child benefits atm kids are 2,4 children plan is in place he is allowed only supervised visit in children centre with me being there too . Every other Saturday . Social sercices are involved for couple of weeks more only as kids are age with me we got theraphy and food bank and local help . I am self employed but due to situation I am mentally unable to do any work and my younger kid is not on founded 2 at the nursey so I have her all the time ( well nursey agreed to have her for free till 18/12 )
Customer: replied 1 year ago.
The day he got of the bail he had argue with my in our garden pushed me said he would smack my face if he could destroy the garden furniture and I called the police he was arrested my i didn't want it to go to the court . So it was closed .
Expert:  Harris replied 1 year ago.
Thanks for the further information.
Given the serious issues raised, you will need to consider making an application for a non-molestation and occupation order.
From the brief information regarding your benefits, and as long as you do not have savings or assets above £8000 you will be eligible for legal aid for this.
The non-molestation order, if granted, can include terms such as he is not to contact you, threaten you, abuse you, harass you, or instruct anyone else to do these things. If he breaches it then he will be committing a criminal offence and be liable to be arrested.
The occupation order, if granted, will allow you to remain in the property and prevent him from returning. if you are unable to afford the mortgage repayments the order can also make him pay for this and the outgoings on the property.
Once these orders are granted, you should then be eligible to make an application for a child arrangement order which can state who the children are to live with and when they will see the other parent, and under what terms.
I suggest that you search for local solicitors here: http://www.resolution.org.uk/memberSearch.asp?page_id=52
As his bail could be lifted at any time, after which he could return to the property, you should pursue this as a matter of urgency.
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
Thank you very much - is all I need to know really. If I could I would ask for only one more question as I don't want to apply for occupation order ( I just want to move and get from this hell and have healthy life with kids I don't want to stay in his house ) do I have a chance at least to get some money from him to at least start a life with kids and make them a nice bedroom etc in new house and leave him his house can I do this somehow ? So we not left without absolutly anything ? Thank you so much for all your help !
Expert:  Harris replied 1 year ago.
You can apply to court for him to provide financial assistance under Schedule 1 of the Children Act. This can include financial provision and he has a duty to ensure that the children are housed until they are 18. This can be made under form C1, C10 and C10A to your local family court. Howe
You will qualify for legal aid as long as he is currently bail. If he is currently released with no charge, then this evidence will not qualify you for legal aid unless he is charged. If he is not charged you will need social services to provide a formal letter confirming that the children children are, or are at risk of abuse from the father. Your means will also need to be assessed to see if you are financially eligible for legal aid.
You can also make an application for child maintenance, which is based on his gross income - you can pursue that application here: http://www.cmoptions.org/
Customer: replied 1 year ago.
Thank you so much ! He got of the bail Last week and this is when he start being nasty and aggressive .... Ohhhh ok it's my fault I was naive to think it all will be ok somehow and I just didn't want a nasty fights . I will contact the lawyer and see if I can somehow still get legal aid . Thank you so much for everything ! Wish U all the best
Expert:  Harris replied 1 year ago.
Thank you, ***** ***** a positive rating and do come back if you have any questions in the future. You can ask me directly here: http://www.justanswer.co.uk/law/expert-london-solicitor
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1947
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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