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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I reported my wife to police of assault and her continued

Customer Question

I reported my wife to police of assault and her continued threats towards me. The police said i can change the locks if I wish as it has nothing to do with them and that it's a civil matter. Because I have reported her, I am afraid what she might do. I said the property is under my name and I pay all of the mortgage. I need a last advice before I change the locks.
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. You are not allowed to change the locks unless there is a court order preventing her returning. She has matrimonial home rights arising out of the marriage which entitle her to occupy the property even though it is in your name. In the circumstances, as the police are taking no action you would be entitled to apply to your local family court for a non-molestation order (an injunction) and an occupation order (to exclude her from the property) using form FL401.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 10 months ago.
The police will take action by making arrest enquiry. I have given full report. I have asked that she does not return as I am scared of her reaction to this. They said if she had friends and I said she has nearby. That's why My friend asked the police if I can change the locks. He said if it's in my name then it's up to you. Police will not intervene. As you saying otherwise I am now thinking again. Can u make those application on my own and who do u make it to
Expert:  Harris replied 9 months ago.

That is not correct as she has a right to occupy the property arising out of the marriage and in those circumstances you must obtain a court order excluding her as without a court order she is allowed to return.

You can apply yourself, along with a statement detailing the incidents and risks to you - you can find the form here: https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1117

and it must be submitted to your local family court. If the matter is urgent you can attend in person and be heard the same day by a judge.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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Customer: replied 9 months ago.
My wife had taken my two kids from school at 2pm saying she have a meeting n has not returned the kids back to home. Because she was arrested by police due to continues threatening n false allegation. However she was released yesterday evening. I changed my house lock yesterday because I was do afraid of her. Now she haven't returned the kids back to their home neither taken my permission. Pls advice
Customer: replied 9 months ago.
How long can she keep the kids without informing me. I called police but they said it's civil matter. Is there no time duration within which she should let the father know if the kids are safe. And Wat happens if she does not take the kid to school also
Customer: replied 9 months ago.
Still waiting for the answer

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