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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I have found myself in a tricky custody battle to see my

Customer Question

Good Evening,
I have found myself in a tricky custody battle to see my son. I was living in the family home until July of this year. One evening I admit to having too much to drink and blocking my wife's way until she answered me a question.
The police arrived and I was arrested, I believe very unfairly for common assault. My wife claimed I put her in a headlock, this is something I strongly deny. I was put in a cell for a night and then advised to to say no comment when being questioned. the questioning police officer said he would generally challenge this, but in my instance he would not. Twenty minutes later I was release with no further action taken.
A week later I had an arguement with my wife's 18 year old sons. Some choice words were said, but no violence occurred. I think it is fair to say at this point I have no history of violence, domestic or otherwise. I have been a teacher for the past 18 years with an unblemished record. My wife took the whole family out of the house to stay with her sister.
Social services became involved and without consulting me or even talking to me advised my wife to only allow me supervised contact. This meant I had to miss my son's 7th birthday which was very upsetting.
My wife made things so difficult for me. She took me to court and unsuccessfully applied for a non molestation order and possession order on the house. The application was so far fetched that the judge wasn't prepared to take any action until I had had time to make a case for myself. We ended up getting a separation order signed in court and I gave her the keys to the house a day later and left.
It became increasingly clear that she wanted me back very soon after and when I refused she started to become very difficult regarding any contact with my son.
I have ended up taking a job in Baku, where I am writing from. Over the past month my wife has been asking for us to sort things out, but I have too much bitterness to do it. Now she is refusing to answer my question regarding contact with William over Christmas. I want to take him to my mum's house in Wales on Boxing Day and bring him back on January 2nd. My wife lives in Southampton.
She has missed a mortgage payment and cannot cope financially. The house has been for sale for over a year and at the time this all happened we had a buyer. As my wife was going to get the lion's share of the money I think she felt comfortable pushing me out of my home. The house sale has now fallen through and she is demanding half of all bills that I simple cannot pay. I pay her £300 a month for William.
Is she able to refuse my contact at Christmas? And can she demand half of all bills. The agreed split on proceeds in 92% to 8% in her favour.
Very long winded, sorry.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Additionally, social services became involved because my wife is a family support worker. They did an assessment and closed the case within two weeks. So there is no social services involvement at all.
Customer: replied 1 year ago.
Also because I am a teacher, Hampshire County Council also did an assessment. This consisted of a 15 minute phone call after which I was told no action was needed to be taken against me and I could continue teaching without further examination.
Customer: replied 1 year ago.
I haven't physically seen my son since 26th July. My wife will argue that the reason for this is that I chose to work abroad. The reality is she tarnished me so badly I was left with no choice but to go. She also made it very clear that contact would be made difficult for me.Up until this date, I was taking William to school, picking him up from the child minders and doing all the things that Dads do quite independently and without concern or interference.
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the house worth and how much is outstanding mortgage?

What is your current gross income?

Customer: replied 1 year ago.
The house is for sale for £370000. I think it unlikely it will achieve this, more realistically £350000. There is approx £150000 outstanding.I earn $2800 US per month.