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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34886
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 sons marriage has just broken up he is devastated because

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My sons marriage has just broken up he is devastated because his wife has been having an affair with another man. He has a son of 4 who has just started school and his youngest little boy is 18 months. His wife has mental health issues and twice in the last 18 months has ended up in hospital due to her taking an overdose. The mental health crisis team have been involved with her, and Social Services. He now wants to fight for custody of the boys as he feels she is not a fit mother and I agree. The affair has been going on at there flat while the toddler was asleep in his cot in the same room. We need advice now because my son is refusing to leave the property and the boys but it's an intolerable situation for the little boys and my son. How does he stand with the law? Regards Eileen

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Who owns the flat?

Customer: replied 1 year ago.
The council, unfortunately although my son is married he isn't on the tenancy agreement.

has he spoken to Social Services regarding their approach to the situation at all?

Customer: replied 1 year ago.
It is a council flat, my sons wife was already living there, he moved in they had 2 sons but unfortunately he didn't get put on the tenanacy agreement.
Customer: replied 1 year ago.
No he hasn't, he moved out Friday to give them both a break. Then he realised she had moved him in and was sleeping in the same room as their youngest son, so he moved back into day, but things are really bad, his wife is threatening him with calling the police and changing the locks etc.

She moved the boyfriend in?

Is he willing to start immediate divorce proceedings?

Customer: replied 1 year ago.
the very next day, she is very mentally unstable and her behaviour is very hard to get your head round. There 4 year old greeted his daddy when he moved back in today and said, Daddy a man called Graham stayed here last night. I'm not sure about divorce proceedings, he has tried really hard to make the marriage work. But she's not interested just wants him out and the new man in.
Customer: replied 1 year ago.
Hello Clare are you still there?

When were Social Services last involved?

Customer: replied 1 year ago.
2weeks ago, when his wife was admitted into hospital due to an over dose, Social Services were informed, because of her having 2 young boys.
Customer: replied 1 year ago.
Also the mental health crisis team visited her at her home for a few weeks, they've only just stopped going but were organising a follow on therapy.

Could he and the children stay with you for a little time while he is sorting things out?

Customer: replied 1 year ago.
they can, I have suggested that, but we were worried that by doing that we would be breaking the law as she won't agree to him having them.

He has Parental Responsibility for the children and the right to have the children in his care so he would not be breaking the law.

At the same time he needs to make an immediate application to the Court for a Child Arrangement Order stating that the children live with him - and an emergency Specific Issue order to ensure that she cannot remove the chidlren from his care.

This is done using a Form C100

He will also need to apply for a Transfer of the Tenancy within the financial side of Divorce proceedings

Please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Clare I will pass this all on and maybe contact you again, can I ask for you, or is it whoever is on duty?

If you ask for me then I will deal with it as soon as I am online

Customer: replied 1 year ago.
Hi Clare, I have been married for 36 years to my husband, we own our own home jointly. Unfortunately for the last 7 years he has been suffering from Alzheimer's and is now in a nursing home. We were financially assessed and his care fees are paid by the local authority topped up by our assessed contribution. I would like to move to be nearer my son and his family, but I'm afraid that I if I sell the house we will then be liable to pay the full nursing home fees. Can you tell me is this right please Clare?

You will not have to do so if all the sale proceeds are invested in a new home

Customer: replied 1 year ago.
I see thank you Clare, that's helpful to know for the future.