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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I would like to get some legal advice on a matter. At this

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My name is***** would like to get some legal advice on a matter. At this moment i am in bitter divorce battle. In January this year I was thrown and kicked out of my own home by my wife. There has been friction in the home of drug use by her daughter. That went so out of control late last year and in January this yeary. Then my wife started an Affair with a long lost friend. She goes away on long weekends. Leaves me at home with her dautghter who uses class b drugs at that time already. She supports her daughter by giving her money and she will use that to by drugs. This daughter last year at age of 16 was beaten up badly outside school,because of that a early years team support worker was assigned to us to help. My wife did not tell that lady the truth and lied allot to the youth worker. So finally, help was coming but nothing is working and the problem with the sixteen years old daughter (from a previous relationship) is getting worse and worse, we had drug dealers/middlesmen coming in to my and my wife's property while my wife is away on long weekends having fun with her new boyfriend. I had to make a decision and called for help by contacting the youth worker in question to give us help because the help was she is providing is not working or not coming. i mentioned drugs and negligent care to my wife's baby's she looks after as a childminder. Drugs where consumed while in the room next door baby's are looked after as a childminder working from home. At that time i already seen a phsyciatrist to help me. I had to call the police and mad a report of drug and negligent care. That night after work i was thrown out of my property. She refused to let me in at midnight. I slept in a freezing cold car and was mad homeless. Had a attempt on my life and ended up in hospital. Sometime later she installed a new lock in the flat door without informing me. My divorce lawyer advised me to take matters further to seek criminal law advice. There is nothing my lawyer can do at this point. I am psycologically mentally and physically finished. What can i do make a claim for damages and unlawfull eviction. Please give me some advice because i am in dire straights. Kind regards thomas
Customer: replied 1 year ago.
My wife wanted me out and always insisted it is her property. She used to live in this council flat as a single mother with two adopted girls ( sisters by birth) from a prevoius relationship, after we met her later i moved in the flat and later we both purchased the flat from the council as she wanted to be on the property latter. The property is in both of our nanes as a joint owner. I paid mortgage until feburary this year as i was not living there anymore and i can not aford a mortgage and rent for new place to stay.

Hi, thank you for your question. Did your wife obtain an occupation order, or any other order excluding you from the property?

Customer: replied 1 year ago.
No, on the same day when she refused me entry at 6.40 pm i receivwd a phone call from her solicitor at my work place that they sent something through my email i should read before i go home. I thought that might be the divorce paper, but instead she filed a non-malustation charge for the false and un true allegation i made 5 hours before when i had to call police to report it. The letter said that if i am not withtrow these allegation i will find my self in court. But she knows all that i said was true every bit of it it was a 100% true allegations i made. But no one cares. No authority involved ( ofstead, police, social services) wanted to speak to me. That next day i had meeting in the morning with sandra hayden from early years team to try to tell her about the help she was providing to us and she did not know anything about the every incresing adiction of illegal drugs. She told me to call the police if not they would have done this. I made the call to police at my counselling session so that i have a witness. The next day i called the police to retract my statememt because i felt that i have done something wrong. I only wanted help which my wife rfused to give. It toke me a long time to realise that that was the right decision i made, only after so many people trying to asure me that was the right decision what i was doing. Thank you for your wife wanted to get rite if me as she felt that i might say something that would damage her image to the outside world. But my image is gone so many people do notwant to have contact with me because my wife is systematically layingto them and making false statements i am a bad person which i am not
I was told by the oldest daughter resently, that shortly after she kicked me out her new boyfriend Toni and her went through my private papers in the bedroom. Is that legally right to do so?

Apologies for the delay. Unfortunately some non-molestation orders have a clause stating you are not to return within a certain distance of the property and are therefore similar to an occupation order and it may be that the order against you has this paragraph preventing you from returning. If the order was made without notice to you, then the court should have automatically listed it for a return date within 14 days. If they have not then you would be entitled to apply to court to vary the order using form FL403.

In relation to them accessing your paperwork, this is a breach of your privacy and they are not allowed to do this and legally you would be entitled to apply to your local county court regarding this, however, practically it may not be worthwhile.

In the circumstances it may be helpful to review your options to apply to the family court to vary the order to obtain access to the home to collect your belongings.

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.,

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