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Hi, thank you for your question. Just a bit more information required to fully assist you:
-Has your wife obtained an injunction to prevent you returning to the property?
-Whose name is ***** ***** / tenancy in?
Thanks for confirming. As you are married, the property is the matrimonial home and your name is ***** ***** title you have both a legal interest and a right to occupy and, legally, she cannot prevent you returning to the home without a court order excluding you.
However, given that there has been a recent domestic incident returning to the home immediately may cause more tension than is necessary and I would suggest you first contact her to amicably agree a return to the property.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.
It will be difficult for her to convince a court to grant an occupation order to prevent you returning to the home, especially on an urgent basis, if there is no risk towards her.
However, she may be able to rely on the domestic incidents to get a non-molestation order (injunction) urgently but must show the court that there is a risk towards her and that she needs protection.
In relation to your daughter, your daughter has a right to a continued relationship with both parents and this can only be reasonably restricted if there are child protection concerns - at this time, if you are seeking a return to the family home to continue residing with your family then the children matter should not be an issue, but if for any reason you do not return to the home then you would be able to pursue arrangements to have regular contact with your daughter, or if your circumstances permit, for her to live with you.
Yes, without a court order she is not allowed to change the locks. Another option would be to request a copy of the new keys.
Return to the home (where you are not excluded) is not harassment but is likely to provoke her further and may lead her to call the police again. In the circumstances I would suggest that you contact a local firm of solicitors to assist you in writing to your wife to agree mediation to progress matters amicably.
Thanks - he position is unfortunate, but sometimes police officers can assist in these circumstances. However, it may be in your interest to instead propose an independent third party that is amicable to both of you to attend with you.
Furthermore, in relation to your daughter she has a right to have a continued relationship with you and in the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Thank you - drafting documents and letters is not part of the remit of this website, however if you were to draft something and send it over using the paperclip attachment I can proof-read and suggest any additions or amendments.
In relation to applying to court, you will need to at least attend a MIAM appointment yourself to see if mediation is suitable before being able to apply to court - so in essence, mediation itself does not need to take place, just for you to attend a session to receive information about mediation.
Yes, she potentially could rely on these allegations as she will not need any evidence that such abuse took place, only a statement of case outlining any points of unreasonable behaviour from you towards her (in her opinion) which led to an irretrievable breakdown of the marriage.
No, even if you voluntarily left, you have a legal interest in the property by being a joint owner and it is the former matrimonial home so you have a right to live there - this can only be prevented by a court order.
It will be difficult for her to get an order preventing you from seeing your child and you will be able to contest this in court
I do not think that would be grounds to restrict your contact