Thank you for your question Janet. My name is***** can assist with this.
It sounds like she is asking for him to move out due to an allegation of abuse.
Does he accept what her solicitors have said about the detail of the reason for being asked to leave?
Hi. Okay. Then he has a choice. Either he leaves now and looks for somewhere else to go to, pending resolution of this issue (however that might be), or he stands his ground and exercises his right to stay (assuming, of course, that he owns the house too or that he has some other right to be there).
No, not at all. What he might say, for example is: "I have a right to remain in my house and I deny the allegations made. However, to avoid any confrontation or difficulty, I am prepared to move out for a period of x weeks to seek to resolve any issues that you believe exist"
If he refuses to leave, then she has a choice.
Either she returns and carries on as before.
She applies to the Court for an order requiring him to leave and stay away pending resolution of the dispute at trial.
These things are difficult because they're always very fact dependant. It depends on what a Court thinks about whatever the allegations are before it. But you can imagine, the Court will have to weight the evidence it has before it at the time of application (which is considered more of an urgent process) and the Court rarely has the chance to examine witnesses etc. and work out who's telling the truth at this early stage.
I see, okay. Well, you might be right about the financial opportunity and if there is a Court hearing, then he must set this out the Court an explain his position. Obviously, he will be told about any Court hearing like this.
It may be difficult, but you should be able to find somebody on Monday or Tuesday next week, or at the latest, in the early part of January as they're not proposing to do anything until 16th January.
So if he has decided he does not want to move, then he should have time to see a solicitor.
It's not ideal, of course, but he just needs to do the best he can. he should keep notes of who he tries and when etc., as if he does struggle because of Christmas, then the Court will consider this if there is a hearing.
You should be able to do this, yes, and that whole process should be reassuring when you have somebody to speak through and go through the detail with.
It's impossible for me to say what he should do - other than take the letter to a solicitor - because the factual detail is important. What I would say, however, is that if the issues concerned are from 10 years ago, there seems no reason to require him to leave now, if there is no immediate danger said to exist to her.
Whether 16th Jan is reasonable depends on the urgency, and on her allegations. If she was saying, for example, that he was physically beating her after drinking on an evening, then yes, it's a reasonable period.
If the allegations are that he shouts at her every now and then, then it's not likely to be sufficient to require him to leave in such a short period or perhaps, even at all.
This is why taking advice based on the specific allegations made is crucial for him.
He should be able to find somebody Monday, of that I have little doubt.
If the allegations go the other way too, then yes, they're relevant. But what should happen in terms of who should be allowed to remain depends on many facts - the Court has to sit between the parties and do the best it can and try and help what it considers to be in the "weaker" position in some respects.
Yes, all of the factors and information you set out is very important.
The facts are the only thing you need to worry about for the meeting. The solicitor will go through the legal options based on those facts.
If you see somebody on Monday then you still have quite a bit of time, so it would be sensible to get an appointment Monday if you can.
Give them their everyday meaning - you don't need to think about legal definitions.
The letter is written with your brother in mind as a lay person ... he should respond as such and not try and do the lawyers job for him, that's what creates problems.
Just be open, hopen and frank with the solicitor. This is very important.
He just needs to tell the solicitor everything about the allegations he can conceivably think to be relevant.
Yes, that's right.
You can come back to me yes, and you don't have to pay again.
Can I just check you're happy with the service provided today?
Thank you. No, you need to rate the answer and then if you wish to come back later, you can still do that anyway.