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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife suffered alcoholic liver failure last year, and was

Customer Question

My wife suffered alcoholic liver failure last year, and was well recovered, but is now drinking again, she hides drink. She blames me for her low self esteem, and threatens a split. I know she is ill, but the time has come to protect our 6 year old. The school have been watching her because she smells of alcohol, which they have been noticing for 3-4 years and have advised me that they will stop my wife taking our daughter if they smell alcohol in the future if she is driving, or unless someone is with her at home. How much proof do I need of possible harm before I am likely to succeed in getting custody, on the condition that my wife seeks help, with a view to her coming back to our lives when she is better?
Submitted: 5 months ago.
Category: Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Which part of the UK are you in?

Customer: replied 5 months ago.
Expert:  Clare replied 5 months ago.

Is her doctor aware of the problems

Customer: replied 5 months ago.
That's a tricky one - she tells me they know she is depressed - they have prescribed anti-depressants, which she has resisted taking because they make her feel ill. She has been seeing the practice nurse and they have become friendly, but she tells me the nurse asks why she doesn't leave me as I am so terrible. My wife sent me a copy of a text from the nurse saying "you deserve so much more", which I think is highly inappropriate.
Customer: replied 5 months ago.
It does appear that she has convinced everyone there is no drink problem, and despite evidence, I doubt it sometimes.
Expert:  Clare replied 5 months ago.

Do not worry about that at the moment.

Are you ready to end your relationship?

Customer: replied 5 months ago.
I would rather not, I believe she is ill.
Expert:  Clare replied 5 months ago.

So how do you intend to move matters forward if she will not leave the property?

Customer: replied 5 months ago.
Short of physically removing her there's not much I can do. But do I have a legal standing to do so?
Customer: replied 5 months ago.
What are my options legally, how much proof of alcoholism do I need?
Expert:  Clare replied 5 months ago.

You cannot force your wife to leave the property unless she is violent towards you or the child.

You certainly have sufficient evidence that if you decided to move out with the child you may well be able to obtain a Court Order stating that the child lives with

you - and has contact with mum in a safe environment.

Another alternative is to make arrangements for your child as if you were indeed a single parent - ensuring that your wife is never alone with the child and to make it clear that this will continue until she has had the help that she clearly needs.

If she makes the situation within the home untenable then you may be able to obtain an Order excluding her for the good of the child

I hope that this is of assistance - please ask if you need further details

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