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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2296
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Last night my wife called the police stating that she was in

Customer Question

hello, last night my wife called the police stating that she was in an abusive relationship, the police where there for over 2 hours then called me to say that we are just in a relationship that has a lot of arguments, so there were no charges to bring. However my wife is now denying me entrance to the property and access to my child where do i stand?
Submitted: 7 months ago.
Category: Law
Expert:  Harris replied 7 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Has your wife obtained an injunction to prevent you returning to the property?

-Whose name is ***** ***** / tenancy in?

Customer: replied 7 months ago.
not yet but i imagine she is probbaly trying to do this, although what basis could she?also the property is in joint names however i pay the mortgage
Expert:  Harris replied 7 months ago.

Thanks for confirming. As you are married, the property is the matrimonial home and your name is ***** ***** title you have both a legal interest and a right to occupy and, legally, she cannot prevent you returning to the home without a court order excluding you.

However, given that there has been a recent domestic incident returning to the home immediately may cause more tension than is necessary and I would suggest you first contact her to amicably agree a return to the property.

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.

Harris, Law Specialist
Category: Law
Satisfied Customers: 2296
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 7 months ago.
OK thank you, ***** ***** injunction can she get one even though the police have said that thee are no chargeable offences, also where would i stand if i returned home and the locks had been changed?
Customer: replied 7 months ago.
sorry i noted that there was no answer re my daughter who she is trying to prevent me from seeing?
Expert:  Harris replied 7 months ago.

It will be difficult for her to convince a court to grant an occupation order to prevent you returning to the home, especially on an urgent basis, if there is no risk towards her.

However, she may be able to rely on the domestic incidents to get a non-molestation order (injunction) urgently but must show the court that there is a risk towards her and that she needs protection.

In relation to your daughter, your daughter has a right to a continued relationship with both parents and this can only be reasonably restricted if there are child protection concerns - at this time, if you are seeking a return to the family home to continue residing with your family then the children matter should not be an issue, but if for any reason you do not return to the home then you would be able to pursue arrangements to have regular contact with your daughter, or if your circumstances permit, for her to live with you.

Customer: replied 7 months ago.
Thank you I have returned home and she has changed the locks am I within my right to change them back?
Expert:  Harris replied 7 months ago.

Yes, without a court order she is not allowed to change the locks. Another option would be to request a copy of the new keys.

Customer: replied 7 months ago.
I have received this message from my wife " I have spoken to the Police and I do not want to have any further contact with yoi unless it is through our solicitors or through mediation. Any further contact I consider to be harrassment amd I will seek to have you prosecuted under the Harrasent Act. Kate"There is no mention of our daughter and she is now preventing entering my house, where do I stand on these issues please?
Expert:  Harris replied 7 months ago.

Return to the home (where you are not excluded) is not harassment but is likely to provoke her further and may lead her to call the police again. In the circumstances I would suggest that you contact a local firm of solicitors to assist you in writing to your wife to agree mediation to progress matters amicably.

Customer: replied 7 months ago.
Hi I have now received a message from my wife stating that I can only have access with police escort, this seems unreasonable and a waste of police resource. Also she is still
Not allowing me to see my daughter and this is starting to cause me great distress as she is clearly not in a good state of mind and I'm worried for my daughters well being.Is it possible to have a letter draftees stating that access must be granted or something to that effect to protect me from a harassment charge please?I have already contacted mediator
Customer: replied 7 months ago.
Expert:  Harris replied 7 months ago.

Thanks - he position is unfortunate, but sometimes police officers can assist in these circumstances. However, it may be in your interest to instead propose an independent third party that is amicable to both of you to attend with you.

Furthermore, in relation to your daughter she has a right to have a continued relationship with you and in the circumstances 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 the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order 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 concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If 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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 7 months ago.
Ok I have already started the mediation process, are you able to draft a letter informing her of this and my right to see my daughter, also am I correct in thinking that the arrangement order can't be applied for without a record of mediation first?
Customer: replied 7 months ago.
I have paid to upgrade my package as per your offer, please can you advise what documents you can prove to assist me please?
Expert:  Harris replied 7 months ago.

Thank you - drafting documents and letters is not part of the remit of this website, however if you were to draft something and send it over using the paperclip attachment I can proof-read and suggest any additions or amendments.

In relation to applying to court, you will need to at least attend a MIAM appointment yourself to see if mediation is suitable before being able to apply to court - so in essence, mediation itself does not need to take place, just for you to attend a session to receive information about mediation.

Customer: replied 7 months ago.
Ok thank you, ***** ***** wife file for divorce based on unreasonable behaviour (abuse) even though the police said that there were no charges and could mediation still be granted if she is claiming I'm abusive?
Expert:  Harris replied 7 months ago.

Yes, she potentially could rely on these allegations as she will not need any evidence that such abuse took place, only a statement of case outlining any points of unreasonable behaviour from you towards her (in her opinion) which led to an irretrievable breakdown of the marriage.

Customer: replied 7 months ago.
My wife is now still preventing me from seeing my daughter or entering the property, what can I do legally?
Customer: replied 7 months ago.
My wife is now saying that I voluntarily left her and my daughter even though I have wvidence to the contrary. Would this change my legal rights?
Customer: replied 7 months ago.
My wife is now saying that I voluntarily left her and my daughter even though I have wvidence to the contrary. Would this change my legal rights?
Expert:  Harris replied 7 months ago.

No, even if you voluntarily left, you have a legal interest in the property by being a joint owner and it is the former matrimonial home so you have a right to live there - this can only be prevented by a court order.

Customer: replied 7 months ago.
how easy is it to get an order preventing me from seeing my child?
Expert:  Harris replied 7 months ago.

It will be difficult for her to get an order preventing you from seeing your child and you will be able to contest this in court

Customer: replied 7 months ago.
I have been going through my messages and found one where I told my wife I would move for child abuse if she continues to prevent me seeing my daughter. I was basing this on an emotional level. Could she use this against me to prevent me seeing her?
Expert:  Harris replied 7 months ago.

I do not think that would be grounds to restrict your contact

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