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ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 4689
Experience:  Bar Professional Training Course
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I live in a house with my partner, my daughters husband and

Customer Question

I live in a house with my partner, my daughters husband and her three children. My daughter was manipulated out of the family home by her husband who had been mentally abusing her over a period of time and for her own well being it has worked that she doesn't live with us. But its not great. Now however, her husband has started to become horrible with me, rude, does not me when he is going to be in for meals, not eating meals when cooked for him, not eating with the children but being really over whelming in their presence (overly hugging and kissing them to the extent it is uncomfortable to see). He comes in from work, straight to his room, no interaction and expects the kids to go to him. It is becoming really uncomfortable living with this rude person and I would like to know if I could ask him to leave, but neither my daughter nor I want him to take the children with him. So although we don't want him around, we don't want to antagonise him to push him to make a move. What would br your suggestion.
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: My daughter is in no fit state to talk to anyone about anything, she struggles with daily life most of the time and avoids interaction of any sort. As a grandparent I dont know what I can do.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Gloucestershire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: This is the tip of the ice berg which is what needs to be dealt with now.
Submitted: 14 days ago.
Category: Family Law
Expert:  ReadyLaw replied 14 days ago.
Hi welcome to justanswer
Expert:  ReadyLaw replied 14 days ago.
I amCustomerone of the legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation.
Expert:  ReadyLaw replied 14 days ago.
I may not respond immediately, this is because I may need some time to read what you shared above, type and respond to you.
Expert:  ReadyLaw replied 14 days ago.
If there is anything else you need, please let me know before I respond?
Expert:  ReadyLaw replied 14 days ago.

Thanks for your patience and enquiry. Legally, you may give him notice for him to leave solely. If you were to do this it does not presuppose that he has to take the children. By law the children are allowed to continue to live with mother.

Expert:  ReadyLaw replied 14 days ago.

If the children continue to live with mother, he may apply for the right to visit with them or have access to them. It is likely unless there is some risk posed by this to the children that the court would allow him visitation rights to the children.

Expert:  ReadyLaw replied 14 days ago.

The first step in the process therefore would be to give him notice to leave. Thereafter mother and father would be encouraged to settle the issue of contact with the children amicably via mediation. If mediation is unsuccessful then they would have to go to court to apply for this.

Expert:  ReadyLaw replied 14 days ago.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 14 days ago.
The issue still remains that the children do not currently live with their mother, I have taken over this role as I cook, clean, wash, take them to social clubs etc and to school and the children do see her regularly, but he has decreed that this time is always supervised and we have kept to this to keep him quiet. If he leaves we fear his manipulative ways could mean problems. Its very sad and horrible and I am extremely confused about the best course of action.
Expert:  ReadyLaw replied 14 days ago.

If the children lives with you and not the mother then father could legally apply to have parental responsibility. He would unfortunately be in line to take on the role. You would have to be able to challenge this to say why neither he nor mother is capable to take care of the children. Unfortunately this may not be the news you were ideally looking for, I however have to tell you the law as I understand it to be. Unfortunately if dad is capable of looking after the children, it is likely that the court would turn over the children to him. The fact of him being m manipulative is not a basis to challenge dad being awarded parental responsibility.