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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35273
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 am currently in hospital detained under the mental health

Customer Question

Hi I am currently in hospital detained under the mental health act section 2 and am due to be discharged. Uk law. I was awarded the house via a schedule a1 court order for me and our two children prior to remain until my children are out of education.I have two court orders which are effective. I have tried to communicate with my ex he isn’t responding and has changed the locks on the house. Could you explain legally where I stand as technically he shouldn’t be in the house however as I was taken into hospital and he has parental responsibility he moved back in temporarily as social services felt at the time it was the best temporary solution ?
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 4 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 4 months ago.
Hi I would like a response via any possible method as soon as possible ?
Customer: replied 4 months ago.
Customer: replied 4 months ago.
I would appreciate a response ?
Expert:  Clare replied 4 months ago.

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Customer: replied 4 months ago.
Great
Customer: replied 4 months ago.
One min phone number wrong
Customer: replied 4 months ago.
I’ve updated number just
Customer: replied 4 months ago.
The second 7 should be a 6
Customer: replied 4 months ago.
Ok
Customer: replied 4 months ago.
Your unable to call now however can respond ?
Expert:  Clare replied 4 months ago.

Are you aware that the site charges more for a phone call

How old are the children and when were you taken to hospital?

When was the Schedule 1 order made?

Customer: replied 4 months ago.
Hello ?
Customer: replied 4 months ago.
Ok ?!?
Customer: replied 4 months ago.
8 and 2 taken into hospital 22nd Feb. Schedule order made last feb
Customer: replied 4 months ago.
Am soon to be discharged and there’s no communication between us ?
Customer: replied 4 months ago.
I am aware site charges more for a phone call there was an amount quoted which I agreed ? However I had to update my mobile number as I put it in incorrectly ?
Expert:  Clare replied 4 months ago.

Are Social Services happy for the children to return to your care?

What is the exact wording regarding the house and your right to stay there

Customer: replied 4 months ago.
they are I was deemed a good mother prior I’ve just been ill and need to get better then I can be a good mother again
Expert:  Clare replied 4 months ago.

And the wording?

Customer: replied 4 months ago.
The wording is right to remain until my children are out of education ? He isn’t communicating with me has PR and the children and is in the house
Customer: replied 4 months ago.
He isn’t supposed to be in the house and has changed the locks as per social services told him too ?
Customer: replied 4 months ago.
Can you advise ?
Customer: replied 4 months ago.
Customer: replied 4 months ago.
Hello??
Customer: replied 4 months ago.
Hello ?
Customer: replied 4 months ago.
I can attach a photo of the order ?
Expert:  Clare replied 4 months ago.

My apologies - I was flying home this afternoon

Your only option is to apply for an Occupation Order to allow you to move back into the property - and a Child Arrangement Order stating that the children should be returned to your care.

You will need to discuss the return of the children to your care with Social Services before making that application - and make sure you have medical reports confirming that you are once again able to care for them

You can make an urgent application for the Occupation Order - details here

https://www.gov.uk/injunction-domestic-violence/eligibility-occupation

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 months ago.
I don’t understand I have a court order schedule one which states the applicant has a right to occupy the family home which is me until the children are 18 or if I remarry ?
Customer: replied 4 months ago.
He technically should never of moved back in and should have taken the children to where he was living ?
Customer: replied 4 months ago.
Social services have already said there’s no reason the girls can’t be with me I’m deemed a good mum that’s just been poorly
Customer: replied 4 months ago.
I’m happy for you to call or respond via email ?
Expert:  Clare replied 4 months ago.

I appreciate that you have the Order BUT the fact is that he has moved in to "care for the children" and rather than simply breaking back in (which yes you are entitled to do) you would be safer using the courts.

If you would rather wait until he is out and then break in then you can do so - but I would be concerned for your health.

I am glad that social Services are supporting you BUT you do need them to confirm it in writing

Customer: replied 4 months ago.
I am okay health wise and just have been through the legal system which is complex. He technically shouldn’t be there social services told him as it was easier for the children’s routine however they informed me this was a temporary measure
Customer: replied 4 months ago.
They have told me they are fine for the children to be with me so it’s the issue of discharge and the house ?
Customer: replied 4 months ago.
The court process is lengthy I have no where to live, I have a legally binding order already and nothing that is contrary to this if anything he has breached this ?
Customer: replied 4 months ago.
Can I get the police to assist with enforcing the order ?
Expert:  Clare replied 4 months ago.

I appreciate all that you have said HOWEVER the fact is that he is in the property and you will need a further court order to exclude him

The police will not be able to assist you in enforcing the existing order - they will need an Occupation Order in order to act

I appreciate that this is unfair and appears ridiculous but sadly that is the legal position

An Occupation Order is not a lengthy application and you should be able to obtain an order within 48 hours or so

Customer: replied 4 months ago.
Or alternatively I can call a locksmith get the locks changed and move back in ?
Expert:  Clare replied 4 months ago.

If you do that then there is a very real risk of a confrontation as you do not have an order specifically excluding him - but it is an option available to you - but wait until he is out

Customer: replied 4 months ago.
if I change the locks and move in ? What is his position ?
Expert:  Clare replied 4 months ago.

He can retain the care of the children and apply to have the Order changed on the basis that the children are no longer with you

Customer: replied 4 months ago.
if I collect the children from school ?
Expert:  Clare replied 4 months ago.

Then he is likely to make an immediate application for the care of the children based on your mental health issues - and I am afraid that given that you will have only just left hospital I fear he may well succeed

Customer: replied 4 months ago.
However if social services deem the children are okay to be with me ?
Expert:  Clare replied 4 months ago.

That is not the issue - they also deem that they are fine with their father

Customer: replied 4 months ago.
I understand however if your saying he would make an immediate application there returned to his care then if social services are okay with then being in my care then ?
Customer: replied 4 months ago.
I am currently paying all the bills on the house as per the order ?
Expert:  Clare replied 4 months ago.

I am sorry but any court knowing you have only just been sectioned is likely to leave the children with him in the interim until a full assessment has been made - but you can of course return to the house - I just think an occupation order would make you safer

Customer: replied 4 months ago.
however for me to do that and the children to be with him, technically he’s saying he’s being made homeless and so are the girls ?
Customer: replied 4 months ago.
I can move in however he and the children would have no where to live ?
Customer: replied 4 months ago.
basically I’ve lost my home and children for being ill because of a framework that’s in place that’s shockingly horrendous and a system that has driven me to this point
Expert:  Clare replied 4 months ago.

The fact that he has nowhere else for the children would be a good reason for them to stay with you.

Tactically an application for an occupation order would get you back in safely and swiftly and show a reasonable approach on your part and that will strengthen your application for the return of the children to your care