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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2733
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a friend who is the mother of three children and

Resolved Question:

Hi i have a friend who is the mother of three children and her husband caught her emailing another man (me!) about how they love each other. He has since kicked her out of the house and wont let her back unless she tries to make things work with him. She doesn't love him and wants a divorce but he has major anger issues that is making it difficult to talk to him and tell him. She is having to live at her mothers and desperately wants to get back in the marital home with her children. He is not stopping her seeing the children but she doesn't want to be there when he is there. She wants to be there with the children and for him to move out. He said he is never leaving the house and will change the locks if he needs too. He will physically remove her if she tries to get back in the house and tells him she wants a divorce. What can she do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully answer your question:- is she in England or Wales?-how old are the children?- what are husband's circumstances? Ie. Does he work full-time? Is he planning on being main carer for the children?
Customer: replied 1 year ago.
Hi thanks for getting back to me. She is in England. The children are 18, 16 and 13. And he is working full time on shifts through some of the night and very early mornings. He thinks he can be main carer but with his work I don't think he can. She has a small part time job working from home that she fits around the family.
Expert:  Harris replied 1 year ago.
Thanks for the confirmation - in relation to the children, the 16 and 18 year old cannot be subject of any court proceedings given their age and therefore it is for them to decide what sort of contact they wish to have with her (in the event that she is not main carer). In relation to the property, as it is the matrimonial home, she has a right to live there arising out of the marriage, and it does not matter if her name is ***** ***** the title or not. He is not allowed to exclude her from the property or change the locks without a court order.In the circumstances, she can consider either referring the matter to a mediator to assist them in reaching an amicable agreement for a return to the property (you can find local mediators here: http://www.familymediationcouncil.org.uk/).Or, if she feels that the circumstances are urgent and she needs to immediately return to the property, for example if her exclusion is going to impact her part-time work as she works from the home, then she can immediately apply for an occupation order to live there and exclude him, and if she feels at risk she can apply for a non-molestation order alongside the occupation order - both can be done on a form FL401 (there is no court fee for this). In relation to the children she can also pursue an application for a child arrangement order under form C100 (together with a £215 court fee) on an urgent basis to be dealt with alongside the above.Please do let me know if you have any further questions about this. Please provide a positive rating if you found this information helpful. I will not be credited for answering this question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating. Thank you
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