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Category: Family Law
Satisfied Customers: 568
Experience:  Expert
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I am looking for advise regarding the financial agreement

Customer Question

I am looking for advise regarding the financial agreement and kids custody.
JA: Who currently has legal custody?
Customer: We both do, even though over the years I was the primary carer. He was not even showing at the kids school shows or parents evenings.
JA: Has there been any mediation on this issue?
Customer: No, I am trying to avoid a conflict with him as we are living in the same house.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I just want to be free of him. He doesn`t want to leave the house even thought I offered to remortgage the house and to pay more than his equity.
Submitted: 11 days ago.
Category: Family Law
Expert:  JeremyT1020 replied 11 days ago.
Good morning and thank you for your question. I'm a solicitor specialising in family matters and dispute resolution so I'd be delighted to offer some guidance.I cannot take a call at this moment in time although I'm happy to continue messaging. If you need to speak to somebody urgently, please let me know and I will opt out of this question and allow another expert to call.First and foremost, how old are the children? Please would you confirm if you're married? Roughly, how much is the house worth?Thanks, J
Customer: replied 11 days ago.
Hi Jeremy,
It`s fine in writing as we are leaving together and he is listening to everything I say, so I cannot openly talk about over the phone.
The kids are 3,9 and 13 years old.
We have been married for 14 years.
The house is worth roughly around 130k.
Customer: replied 11 days ago.
Are these answers/ questions private?
Expert:  JeremyT1020 replied 11 days ago.
Hello again. I'm afraid the answers can be uncovered on Internet search engines with a deep search. Your name is ***** ***** through Just Answer.
Expert:  JeremyT1020 replied 11 days ago.
Hello. If you wanted to get your husband out of the house, you could threaten to make an application for an occupation order. This is an injunction ordering your husband to leave the house and not return. If he did try to return, he could be arrested.
Expert:  JeremyT1020 replied 11 days ago.
You would have to demonstrate that you and your kids had suffered, were suffering or were likely to suffer "significant harm." Harm can be defined as physical, mental, emotional or even financial abuse.Even if you didn't satisfy the harm test, the court has discretionary powers to make the occupation order. They would consider the likely effect of not making the order, his income, availability of other property and a host of other factors.
Customer: replied 10 days ago.
I am too afraid to threaten him and I am also afraid of what he might do as he will look for revenge.
Expert:  JeremyT1020 replied 10 days ago.
Hello again. You could also apply for a non-molestation order at the same time as applying for an occupation order. Under a non-molestation order, your husband's threats, intimidation and harassment are arrestable offences. You could even get the order 'ex-parte' which means you make the application without his knowledge. The court would grant it after a 10 minute hearing with just you (and your solicitor) present and then you get a process server to serve the order on him. He would have to leave the house and would not be able to harass, pester or threaten you, nor instruct somebody else to do so.I also recommend you contact one of the Domestic Abuse charities as they can often offer fantastic practical support and guidance.
Expert:  JeremyT1020 replied 9 days ago.
Hello. I note I haven't heard from you for a couple of days so I trust you're happy with my answers to your questions. If you need any further assistance, please let me know. Otherwise, thank you for your question and for using Just Answer. Kind regards, J