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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Me and my husband rent a flat together but our marriage

Resolved Question:

Hi, me and my husband rent a flat together but our marriage is breaking down. A don't want to stay with him in the same house because we are always fighting and my little daughter who is 6 years old hate him. I asked him many times to leave the house and find anoher rent for the shake of our child. But he wants to stay just to mentally break me. I decided it has to be me who moves out. I am really afraid of him because couple of time he frightened me if I live him he is gonna hit me. So my plan is to pack everything and move out with my child while he is at work. I am gonna live a notice for him with my phone number and saying you can see our child when you want to but our marriage is over and I cannot live with you in the same house. My question is am I right to do so? Am I breaking any laws to do that? I don't want him to call the police saying I took his child or kidnapped her. My main concern is my child. I don't want her being in custody. I want to be with my child far away from my husband. Plesa find me a legal way I can be with my child alone apart from my husband. Thank you very much
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Please confirm where you are located as different countries and areas have different laws. If you are in England or Wales I will be able to assist
Customer: replied 1 year ago.
Yes we have been living in England for 3 years now but we are from Hungary which is belongs to EU
Expert:  Harris replied 1 year ago.
But you both remain living in England? Are you planning on staying in England with the child or returning to Hungary?
Customer: replied 1 year ago.
We both want to stay in England with the child.
Expert:  Harris replied 1 year ago.
Thanks for confirming. If you have concerns about domestic abuse (this includes emotional and psychological abuse), then you are well within yoir rights to leave and seek alternative accommodation and pursue a divorce.However, your child still has a right to a relationship with the father and therefore this should continue to be promoted as an agreed arrangement. Initially I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in your child's 's best interests. If mediation does not help, then it will be for h to pursue the matter to to court for a child arrangement order to see her and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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