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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband attacked me 22nd November. I called the

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HI, my husband attacked me 22nd November. I called the police and he was arrested, charged and let out on bail (can't contact/come to house). I am concerned about; 1. There has been much denigration of me to older children but I have arranged for unofficial
supervised contact this week. 2. The house we are in is enter in the business name - I am no longer a part of this but technically own 50% of his 50%. 3. He has returned to property stood at gate and took photo of someone else driving vehicle off the drive
- I have reported him and locked changed the locks. 4. He wants to leave London and have son 50% but says not changing schools. He is not on trial until 27th Jan and outcome unknown - I feel best bot he and his step daughter (who he has parental responsibility
for should stay here with me until after trial and (very hopefully) mediation. I think he would like to make me homeless. 5. He wants to take 5 year old with him and older son 19 on weeks drink fuelled holiday over Christmas - I have offered contact in such
a way asa this is impossible but have pointed out he is spending our money which he denies he has on a jolly for himself. I would like to apply for; Children's arrangement order; Temporary Residence Contact - as agreed by parties - every other week to ensure
stability as school. chil aminenance - status quo maintain until after trail and until mediation can be achieved. Police have already done non mol Prohibitive steps - cannot send anyone else to remove property on his or business behalf Occupation order - that
the children and I can stay at family home util after trial and mediation Freezing injunction - don't know how to do this at all. help please, thanks Caran
Hi, thank you for your question. I am a family law solicitor.
The first issue you need to look at protecting is your accommodation. As it appears that it is the family home, you need to ensure that your rights are protected and you can register your home rights with the land registry using form HR1. This will prevent or delay any possible sale of the property if your husband seeks to do this. A freezing injunction is only granted when you suspect that he is about to immediately or in the very near future sell or dissipate assets to prevent you making a claim. However, if you register your home rights this will protect your interest in the home and it will be difficult for him to sell the home if he has no access to it.
Given the recent incident, and that your husband is on bail you should be protected and if he again breaches the terms of his bail you should inform the police. Depending on the outcome of the trial, and the terms of the bail you may wish to pursue an application for a non-molestation and occupation order to your local family court - you can do this under form FL401. The non-molestation order can state terms such as not to contact you, not to harass, intimidate or come within a certain distance of the home, or instruct anyone else to. Breach of this order is a criminal offence and he will be liable for arrest.
If you wish to obtain a child arrangement order to ensure stability for the children, you can only do this in relation to your 5 year old daughter. Your 19 year old son is too old to be part of such an application and he can make his own decisions given his age.
Please do let me know if you have any further questions.
Please rate positively if you found this information helpful.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Did you get my last email?
No, nothing after the initial message or after my above response.
Customer: replied 2 years ago.
Complications - house rented in business name - I am on council tax and registered to vote.
He will start to dissipate assists - all saving etc in either his or business name - of this I am 150% sure
Other child 10 - he has parental responsilbilty
Customer: replied 2 years ago.
Sent again - have paid the £50, thanks
Is the other child your child? Are you seeking contact/relationship with that child too?
Are you living in the property? Are there other tenants there?
Regarding the dissipation of assets, you will need to petition for divorce and submit a Form A application simultaneously. This can be done on an urgent basis at your local Family Court, however you will need to be very specific in relation to what assets are to be frozen and your reasons as to why you believe that he will dispose of them. There are three issues that you will need to be aware of regarding freezing injunctions - 1) they can be very costly, 2) you will need to give full and frank disclosure, 3) if it is later found that the injunction should not have been granted you may need to pay damages to him.
Customer: replied 2 years ago.
My daughter which he has parental responsibility for - he isn't seeking contact currently as she was a witness to the incident. I want the children to stay together and he wants to move away and have half a week - I think this is too unstable and the outcome of the unsure.We have a lodgerI want things like the cars and savings frozen - how expensive I am due legal aid with Solace but they are being slow.I have no problem disclosing everything - might be a problem for him
Customer: replied 2 years ago.
Did you get my message
Customer: replied 2 years ago.
I can't type in private info box?
Customer: replied 2 years ago.
Can you get back to me please
HiMy name is ***** ***** I have been a family lawyer for 30 yearsGiven that a child witnessed the incident I assume that Social Services have been involved which will effect the outcome of any applications regarding the children.It is unlikely that the court would order a shared week in this way which would separate the children - so alternate weekends are a more likely option if he decides to move away.Whilst I understand your concerns unless there is an IMMEDIATE risk that your ex will physically remove the child from your care without your agreement there is no need to make an urgent applictaion for the court to deal with the children issuesYou have not been asked the value of the assets that you are concerned about which is a major issue as a Freezing Injunction has very serious financial implications and it is possible that alternative options are available.You are of course entitled to Legal Aid - and whilst you feel things are moving slowly since the assault was less than a fortnight ago in terms of legal process it is still early days.If you are concerned about the finances do please explain a little more about the assetsClare
Customer: replied 2 years ago.
I'm concerned about the house. I can't afford it on my own and it could take months to find somewhere in London.He has all our savings I literally have enough to get by on a monthly basis
What is the worth of the assets and what income do you each have.
Please confirm the ages of all the children involved
Customer: replied 2 years ago.
Cars £130,000
ISA unknown
Premium bonds unknown
Cash c £30,000
Shares in business 50% value unknown
TV stereo computer £30,00
Children 10 and 5
may I ask why a home was never purchased?
Customer: replied 2 years ago.
House in Camberley jointly own by my husband and ex. Was maxed out value wish.We started business 7 years ago and had no money or credit rating for quite some time
What has happened to that property?
Customer: replied 2 years ago.
Rented out no profit to speak of
Who owns it now?
Customer: replied 2 years ago.
Hi and ex although she is not involved in letting. He and I lived there for 3 years then moved to London or business reasons
How much is the house worth and how much is outstanding on the mortgage?
Would you wish to move back there?
Customer: replied 2 years ago.
C£300,00 - payment only is all outstanding - no it's in Camberley in Surrey and I don't want to uproot the kids again. We just moved recently.I want to stay here for a s long as p[ossible until I can sort something out but I think Colin ill do all in his power to make me homeless.He is pushing for a full weeks con act so that he can take older and younger son's on holiday - but fear to much alcohol.He is making con act threat so I think I will have to apply for temp residency and contact order.The house - non mol and occupation order?
Where would you intend to stay long term?
Customer: replied 2 years ago.
In Whetstone where we are. 10 year old can stay in touch with her friends and close to 5 tear old school.
AH I see - thank you
has your applictaion for legal funding been submitted?
Customer: replied 2 years ago.
Have writte. To Sola who provide the help in the borough But have not heard back. Happy to represent myself in th short term term. Sadly have been here before with ex husband and have previously gained advice from you.
Have you actually seen a solicitor?
Customer: replied 2 years ago.
No - assault was night before new very demanding job. I haven't told anyone and don't want to be a problem in my first month.
You are entitled to apply for legal funding if you are financially eligible
If your ex threatens to remove the child from your care you will need a Child Arrangement Order stating that the child lives with you and setting out the time he spends with his father.
You suggestion of alternate weekends is a good one IF he has somewhere suitable to take the child
he will not get alternate weeks as he has requested.
He has to pay child maintenance at 16% of his gross income - less a small deduction if he has the child more than 52 nights a year
I assume that his bail conditions exclude him from the home for now which means that he cannot return there and you are safe.
You will not be able to get a "Freezing Order" based on what you have said - they are very expensive applications used in the most extreme of circumstances
You must seek face to face advice as soon as possible - a better option than losing days to unnecessary court applications
Customer: replied 2 years ago.
What about the house - is rented to business but I need to stay until end of school year
There is no reason why you cannot do so - although if he fails to pay the rent you may have to do so