Welcome to Just Answer
I am a Solicitor and will assist you.
I am very sorry to hear what is happening.
In relation to your questions - a lot of the answers are going to depend upon the action that social services want to take.
Social Services have lots of different options which they will consider in light of the allegations that your children are now raising in relation to your husband and the risk that they consider that he poses once they have started to investigate the matters.
For now you need to be very clear with social services about what you know has happened. They will think that you are minimising matters and therefore not able to protect your children if you trying to cover matters up.
I suggest that you call the social worker and be frank with them. Explain that you will fully engage with them. Explain that if they considered it best that you would be willing to separate from your husband and for him to move out of the family home.
You are correct in thinking that your husband does have a legal right to reside in the property if it is also in his name. One would hope that if social services do consider that the risk of harm to the children can only be reduced if he moves out that he would do so to prevent the boys also being moved to other relatives or put in foster care if that was not possible. If your husband would not move out in those circumstances then applying for an occupation order is a positive step to show the social workers that you would take action to protect your children.
Once social services have completed their initial investigation they will decide what action to take. Lower levels such as a child protection plan or children in need mean that social services will be offering you support and this could be to you as a family.
If social services consider there is more risk then they may escalate matters to Pre Proceedings Level. This is a kind of 'last chance saloon' for you to work with them to safeguard the children.
If social services are really concerned they may issue court proceedings for a care / supervision order in relation to the children. In such proceedings the court would determine the long term placement of your children. You can still argue that this could be at home with just you and the court may well agree.
If social services do initiate court proceedings or the pre proceedings process then as a parent you will be entitled to free legal aid. This is non means tested and automatic. You would be able to pick a solicitor to represent you. In your case its better to choose a children panel solicitor as they are specialists in this type of work.
In the interim, you need to clarify the position in relation to supervision with social services. This is on the basis that your sons have also made allegations. You have to whole heartedly believe what your children have said until any investigation shows otherwise.
Please do let me know if I can assist you further
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