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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1441
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My mum left me and my 3 children her house but her friend lives

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My mum left me and my 3 children her house but her friend lives in it it says in the will that she may remain in it till she dies or moves voluntarily me and my partner and our 3 children moved in as it is a 5 bedroom house and she couldnt afford the upkeep things were great then she started smacking the children and things have got very tense not sure what to do as cant afford to move and not fair on kids to move again they are 5-8-9 yrs what can i do


Thank you for your question. I am a Solicitor and I can help.

If relation to your mums friend hitting your children - you need to report matters to both police and social services so that they can investigate. Your children should not have to endure physical assaults by anybody. Hopefully taking this action will give a message that you will not tolerate your children being assaulted and matters might relax somewhat.

If however the physical assaults continue then you should consider making an application to your local family court for a Non Molestation Order on behalf of the children. You would be asking the Judge to order that the lady cannot assault your children.

You could also consider making an application to the court for an occupation order. Effectively with an occupation order you are asking a Judge to prevent someone from residing in a property that they are legally entitled to reside in. The types of orders are not east to obtain as the Judge would effectively be making somebody homeless. A Judge may be convinced if your children are at risk of harm.

Both applications are currently free to make - with no court fees.

Kind regards


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