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Clare, Solicitor
Category: Law
Satisfied Customers: 34905
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am going through a divorce since a year ago. I am father

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Dear sirI am going through a divorce since a year ago. I am father of two 7 years and 2 years girls whom they live with me . I have not put any restrictions on visitation by the mother for the sake of the children. Since 1st / oct /2016 it's been my house like pit stop when she want to come. Have asked her many times to give me set days to make life easier for everybody. I run the whole show from feeding barfing homework cooking and so on plus the girls in the private street school because they have lots of homework to do but she never ever helped with that make it very hard for me to schedule their time . Few days ago I have asked her not to come into my house anymore unless if the weather is bad and for the sake of the girls you're allowed in and she does not take no for an answer. Last time I worned her if she come into the house I will call the police which I did . They came and removed her and told her not to come and enter without my permission. But she is welcome anytime to come me and take the girls to see them. She called me today and said , she asked the solicitor and told her that I have no right in doing that and she has the right to come inside the house any time and see if she wants and can kick me out f the house. Is that right ?????The property never been in my name or her name, it's a family house which they let me stay in it out family love .Can you kindly help please
Many thanks for your kind time
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 4 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Thank you for your question

My name is Clare

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

Where for your ex live?

Customer: replied 4 months ago.
She lives about 15 min away from us

How far has the divorce reached?

Customer: replied 4 months ago.
2 - 4 days before the end of it and stoped it by her as she require more money
Customer: replied 4 months ago.
But again can she enter the house ??? She is still seeing the girls and never stopped her. Example today , she came at 3 pm to see the young one at the house until 4:15pm and went and picked the other one from school at 4:30pm and she said I will drop her off at 5:30pm I came back and still at home now. I come back from work and I really don’t want to see ex after a long day. Please advice

For clarity - who actually owns the property?

Has your ex ever been violent towards you?

Customer: replied 4 months ago.
The property belongs to my family and I have mentioned that note To you right from the beginning . Not violent physically but she is messing up the kids routine

I appreciate that but I am looking for a few more details about how that is arranged.

This is relevant to the options open to you as since it is the matrimonial home your wife does have rights of entry

Customer: replied 4 months ago.
My family let me stay in the house as I have no other options until I sort myself out , but again my wife and I we know it dose not belong to me and never been.

Right - but just for clarity - did your wife ever live there with you?

Customer: replied 4 months ago.
she did and I understand clearly where you are coming from. Thank you .
So in that case if I move house with the girls , I have the right not let her in correct ???The girls been living with me for the around 14 months happely and I take care of them to the max . Do you think I have strong ground to have Full custody in court ???

Are you aware that the site makes an extra charge for a phone call

I am afraid that you have worked it out correctly - since it was the matrimonial home she does have some rights.

However the fact is that she moved out over a year ago and she is not a joint owner of the property so cannot force an entry - not can she force you to leave.

From now on say that she cannot enter the property and can simply collect and deliver the children from and to the front door.

If a move is possible then that would certainly clarify the situation - but it is NOT necessary as if your ex will not accept no for an answer you can apply to the court for an order excluding her.

There is no longer any concept of Custody when it come sto children - but since the children have lived with you for the past year then if your ex tries to change that it is likely that a court would leave them with you

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 months ago.
Thank you very much for your kind reply and I am aware of the charges and happy to do so if you have time for that. Many thanks once again

Do you need further informtaion at this point?

Customer: replied 4 months ago.
I am so sorry again, but I have asked A different solicitor and he is confirming I have the right in refusing her to enter the property. He is saying as she have left this house over year ago and the property not in conjunction with the divorce settlement then it is my right not to let her in . So Confusing

She does not have the right to break in and she cannot force you to leave - and of course you can refuse to let her in yourself - if you are there.

What you cannot do is top her coming in if the children let her in - nor can your force her to leave once she is inside

Customer: replied 4 months ago.
Thank you very much, can set days for her to come and see the girls in court at this moment before the Divorce is finalised and finish

The issue of the time she spends with the children is separate from the divorce or the finances - and it would be sensible to set a proper pattern!

Customer: replied 4 months ago.
I told her many times and I am giving 3 set days a week but she doesn’t except , every Sunday she send me the days that she wants to come and me and the kids we have to be on stand by for her and if I change a day or tell her this day we are out or we have something , she start say I will report you for not letting me see the girls . And it’s getting really frustrating . She is a very Nasty narcissistic . She is like the with everyone even her family
Customer: replied 4 months ago.
can I apply to court to set days at this stage????Many thanks

Simply set the days and stick to them no matter what she threatens.

If she wants to change it then let her start the court process - not you

Clare and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you very much for all your kind help Clare. God bless
Customer: replied 4 months ago.
How can I rate your great service