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: 34277
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 a question related to my daughter, a non-mol and my

Resolved Question:

I have a question related to my daughter, a non-mol and my ex partner.
It's quite complex and I'm very stressed over the matter.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat is is that you wish to know
Customer: replied 1 year ago.
I have been in a 4 year relationship with my ex and we have a 19 month old baby. He because abusive hours after her birth. I have been diagnosed with PTSD due to her horrific birth. He gradually wore me down and became violent where he was arrested and charged. We split up around 8 months after her birth.
We have lived in the house which even though I paid towards a deposit it papers are in his name. I was led to believe that my babe would added and this was our family home. I took mat leave (smp) so lived in this whilst he maintained his salary.
He has never paid and child maintenance.
I recently applied to the court for a non-mol with POA. I have not been able to serve as he has evaded this bug has been told by court about it and that there is a hearing on Monday. I'm
Aware he officially does not have to attend as he has not been served but it looks as if he will.
I had to report to police as he kicked off at me on the phone as he was in the house. I had to get a police escort home as he is truly terrifying. This man is 6'6 and 18 stone. He has made threats to me so many times.
I provided a statement to the court which he has not seen. The judge told me it was a very good statement
Now my ex is telling the will be using a solicitor in court. I cannot afford it.
What could happen in court if he disputes this?
I have applied for an occupation order also.Due to DA social services have been involved. He took her from he house and kept her for 6 days recently. When she came home she was heavily bruised on her leg as if she has been hit. I reported this to the social worker. I have seen the social worker once before and they had zero
Concerns with any of my actions to safeguard my daughter. There will be a CP
Case conference on Monday,As you can see it's a horrible mess. I'm frightened that he can force us out and my daughter will be taken off me as I can't afford a deposit to rent.Thank you
Customer: replied 1 year ago.
I've reported another episode of violence but he was not arrested.
I have kept my HV and GP informed about my DA
I saw a psychiatrist too recently who diagnosed my PTSD. She also suggested extreme anxiety and stress from the DA
Expert:  Clare replied 1 year ago.
HiSeep breaths - you are doing everything correctly.Which part of the Uk are you in?How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.
Hi,It's in Haydock, St. Helens. House will be worth around £95k. Outstanding must be about £80k.
Customer: replied 1 year ago.
I believe he led me to believe I would be on the house deeds and purposely out myself in vulnerable position to have my daughter. I quit a well paid contract and took a huge pay cut to go on to mat pay. I also put myself at a disadvantage as to not having access to funds for setting up a new home.
Expert:  Clare replied 1 year ago.
What income do you each have and how much did you pay towards the deposit
Customer: replied 1 year ago.
My ex stated to my dad recently that he had no Intention of forcing us out. After all he gifted me the money to desk the house desl!
Customer: replied 1 year ago.
At the time i put in £1000.
My income was £450 per week
His salary was £30k approx
Expert:  Clare replied 1 year ago.
So you paid £1000 - how much did your ex pay?
Customer: replied 1 year ago.
£4000 approx
Expert:  Clare replied 1 year ago.
Can you obtain a mortgage at this stage at all?
Customer: replied 1 year ago.
I don't have any deposit money. I'm on s part time wage as agreed with my ex so I could spend as much time with out daughter. I'm pretty sure I'd not get one
Expert:  Clare replied 1 year ago.
Where is he living/working at the moment?
Customer: replied 1 year ago.
He is currently living with his mother near to St. Helens. He works full time in Widnes
Expert:  Clare replied 1 year ago.
OkFrom what you have said you have an excellent case for a non molestation and Occupation order.The fact that he has a solicitor does not change thatHow long since he was charged?
Customer: replied 1 year ago.
He was arrested last November.
Will the judge grant the order do you think?My stratmebt contains 25 paragraphs of things he has done.Do I need to add more with the new stuff on?Shall I take my report from psychiatrist?
Customer: replied 1 year ago.
I'm not sure what it's called but he can say something like he will agree to behave without the order but I know he won't.
Customer: replied 1 year ago.
I'm just wondering if I can continue with my question?
Expert:  Clare replied 1 year ago.
May I ask why you did not apply for Legal Aid?
Customer: replied 1 year ago.
Hi, yes. I did not was told my the solicitor that I don't qualify. She told me I'd need to earn £700 or less
Customer: replied 1 year ago.
What issues could I face tomorrow and how would I deal with them?
Expert:  Clare replied 1 year ago.
In fact you may have been eligible HOWEVER you have already done very well to have got as far as you have.The fact that he has a solicitor is not necessarily a problem - in fact you may find it easier to deal with the solicitor The fact that there has been police involvement strengthens your case to a point where defending it will be almost impossible.What you are afraid of is that he will offer to give his Undertaking (a solemn promise to the court) to leave you alone instead of there being a court orderUnderstandably you would not feel safe with this - and that is what you say if it is offeredIn fact you can also point out that Social Services will see a Court Order as being more robust in terms of protecting your child from witnessing Domestic Violence.With regard to the house all is not lost.Your ex is under a duty to help you house the child until the child is 18 and you could make an applictaion to the Court using Schedule 1 of the Children Act for an order allowing you to live there until your child is 18 or you cohabit.You also have a potential financial claim on the house given your investment - but it is a relatively small one - but it is still a claim that you can makeUnfortunately Family Mediation is unlikely to be worthwhile given the violence - but the involvement of a solicitor may make it easier Please ask if you need further detailsClare
Customer: replied 1 year ago.
Hi
Thanks for your response.
I have been to court. He has been served and he wants to dispute both orders. He has asked for 14 days to get a response in.
He attended alone.
Does he have to respond to all the points on my statement?
I want to add more in too. Would I submit to court before the hearing or would that be at the next hearing?
Thanks
Expert:  Clare replied 1 year ago.
No need to add anything at this stage - in fact you cannot do soHe will have to try and respond - but from what you have said it is unlikely he will succeed.In the mean time find a local family lawyer who does do legal aid and just check your eleigibility
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Clare, I have found your help reassuring and helpful. MANY THANKS!
Expert:  Clare replied 1 year ago.
You are most welcome - please stay safe