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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34889
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have been married for 18 years and have experienced martial

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I have been married for 18 years and have experienced martial abuse
from the beginning. My husband was recently arrested 21st July 14 for
assaulting my son age
13. He is presently on bail till 28th October whilst the police
investigate the allegation,.
I was able to apply and be granted a Non Molestation Order for a year
from 27.8.14 however I received a Court Order on Friday 17th October
to state that the previous
Non Molestation Order had been discharged. I would like to know what I
need to do next.
I have also started divorce proceedings. I have received my Decree
Nisi and presently waiting for the 6 weeks and 1 day to pass before I
apply for my Decree Absolute.
which should be around the 12 November 2014. I will be out of the
country from the 7th November for approximately 7 weeks with my
My husband and I have Joint Tenancy. I would like to apply to have
Sole Tenancy based on the grounds that I am the parent with sole care
of our 6 children 5 of which
are under 18 and would like to make an application to the court to
reflect this. My husband does not currently reside at the property but
wants to come back as he states
I have no rights to keep him out of the property
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children?
Is this a private tenancy or Social Housing?
Why was the Order discharged?
Customer: replied 3 years ago.

Hi Clare

The children are 10, 13,14,15,17,18.

Social Housing

The order was discharged because respondent claimed that the information in the non molestation order was false and that I was trying to get him out of the property due to an impending divorce

Did you attend the hearing for that?
Customer: replied 3 years ago.

No I did not

Were you aware of the hearing?
Customer: replied 3 years ago.


When did you first find out about it?
Did you ask the court why it went ahead without you?
Customer: replied 3 years ago.

I just received it on Friday 17th October. should I contact the court and ask them. can you suggest what else I should ask or do.

Are you sure that the Order has already been dismissed - when was the actual hearing date for it?
Customer: replied 3 years ago.

Hi I cannot see a date where there was a hearing. The statement has

been signed by the respondent on 17th September and posted 16th

October by Romford County Court and I received it on 17th October.

So this is a Statement not an Order?
Customer: replied 3 years ago.

An application to vary, extend or discharge an order in existing

proceedings form has been completed accompanied by a statement and

I have now been served with the order.

Sorry - were you served with the application - when was the hearing date?
Customer: replied 3 years ago.

Hi Clare. We seem to be going round in circles. I received the above information on friday. I have not attended a hearing. What do you suggest i do?

I am still trying to establish if what you have received is the application for the Order to be discharged or the Order itself.
If you have received the Order itself then you need to appeal it immediately on the basis that your were not given a chance to make representations
Either way you need to apply to the court for an Order transferring the Tenancy into your sole name
This can be done either within the financial side of the divorce proceedings - or By starting a separate application using the form here
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Hi Clare, Thanks very much for information. Can this form be used with social housing. Can you please send me a link to the financial side of the divorce proceedings.


Yes indeed it can and is a cost effective option
The form you would need to pursue finances is here
Clare and other Family Law Specialists are ready to help you