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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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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My daughter who is at the moment living with us is joint owner

Customer Question

My daughter who is at the moment living with us is joint owner of a family home where her husband is living with their two sons.
He has taken the house keys from her and is making access to the children increasingly difficult,what can she do?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
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?
When did they separate?
Customer: replied 2 years ago.

the children are 12 and 9 years old.

they separated 3 months ago.

Expert:  Clare replied 2 years ago.
What contact has your daughter had with her children up until now?
Customer: replied 2 years ago.

occasional visits to our house with one or two night stay overs

Expert:  Clare replied 2 years ago.
What are her long term plans for sharing the care of the children with her ex?
Customer: replied 2 years ago.

I do not consider this service to be of any value.

please refund my 36.00.

Expert:  Clare replied 2 years ago.
Without further details I can only give a general overview of your daughter's position rather than one dealing with her specific position.
As a joint owner of the property your daughter is entitled to return to her home whenever she wishes - unless there is an order excluding her from the house - only usually made as a result of violence
Indeed if your daughter wished to return to the property to live she is entitled to do so and if her ex threatens her she can obtain an Order excluding HIM
With regard to the children the law says that children are entitled to contact with BOTH parents and the courts will enforce it if necessary
Her starting point is to arrange to see a Family mediator
If mediation fails then she can apply to the court for a Child Arrangement Order.
If her long term aim is a shared care order then she needs to act sooner rather than later
Please ask if you need further details