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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Clare, I hope you can help, It's a long story but I will tr

Customer Question

Hello Clare, I hope you can help, It's a long story but I will try to be brief, In Dec 2013 my husband got me charged with common assault although he was the abuser he managed to turn it around, I fought this through court and conviction was quashed,just after the charge he sought the perpetuity to seek orders against me, non-molestation, prohibited steps and copulation orders, I had to live with this for a year and have been battling through Court for custody of our one son Jack, at the last hearing it was decided that it would be a 50-50 joint care agreement but he has my son more nights which is unfair and he is now claiming child maintenance which I can not afford as I too have to provide for my child and I am on a low income, I have been ousted from my home never allowed to return even to get my belongings he dumped them out in box's, divorce is under way I am waiting on Decee Nicte next week, what are my chances of forcing a sale of my property as I am forced to live with my sist
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is your son and what is the actual pattern of contact?
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Customer: replied 2 years ago.

Hi Clare,

Sorry for little delay in replying.

My son is going to be 10 years old later this year. At the last hearing (which I was led to believe would a Directions hearing)re: I forced into a Consent Order in which I have my little boy from Thurs from school to Monday at school 1 week and Week 2, thurs to Friday at school. So I am only having him 4 nights one, 1 night in week 2. I wanted no less than 50/50 care but i was told by my rep I would not getting anything better. The Judge gave ultimatum and wanted a quick decision on day was only interested in arrangement for my little boy- I panicked and agreed so as to have at least more time with him. Meanwhile the Court have opted not to look at the evidence and my evidence of domestic abuse and my concerns and worry for my little boy left with my abusive estranged husband. There was several stms and evidence on both sides which has now not even been considered. He now has possession of the home so far I will very soon have nowhere to stay.

I believe the flat may be worth £190,000 in the current market and mortgage outstanding is about £120,000.

I am part time clerical worker with take home pay of just £1,000 per month. Out of that i have debts I am paying back from the marriage.

My estranged is self-employed builder probably earning sometime anything up to £4,000 - £5,000 a week and hides his earnings. There is also a second 1 bed flat which is rented (situated in same building as matrimonial flat). I am not receiving a penny from this and my estranged has benefited from this all along (most of which is paying a mortgage also).

My sister is going to be moving on and I will not have funds to be able to provide an alternative accommodation for myself or my little boy.

Look forward to hearing from you.

Expert:  Clare replied 2 years ago.
Would you wish to live in the second flat?
Customer: replied 2 years ago.

Because of his aggressive history towards me and volatile relationship i feel it would be impossible for me to live so close to him.

Expert:  Clare replied 2 years ago.
How much is the second flat worth and how much is outstanding on the mortgage?