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Hi, I'm Lea and I am reviewing your query.
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How does he plan to leave the country if you have her passport?
Has he applied to the court yet?
Have you made an application to the court?
I presume that you lived together, but was that on a joint tenancy agreement, or is it a joint mortgage?
He is not necessarily right about being able to have you removed from the tenancy due to you hitting him. These are technically two separate things. What he can do is apply to the court for an occupation order to prevent you returning to the home, but until or unless he does so, you are perfectly entitled to return to the home and live there. The joint tenancy remains in force.
With regards ***** ***** rights, you could apply for an urgent specific issues order for your daughter to be returned to you, a prohibited steps order to prevent him removing her from your care again and a child arrangements order for her to live with you (on the same C100 form) and a non molestation and occupation order (same FL401 form) to allow you to move back into the property. I presume up until now you have been your daugther's main carer? Has he been arrested for abusing you or for other matters?
The forms you need are here:
Fee Remission: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/634329/ex160-eng.pdf
You being homeless because he has unlawfully forced you out of the home will not reflect negatively on you if you make the applications suggested, because one of the applications (the occupation order) would be for you to be able to return home.
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Did he report you to the police for the alleged slap? I say alleged as I presume no one else saw it but you and him?
Depression and anxiety are not a bar to you applying for orders to the court - though the court will naturally have some concerns about whether or not you feel well enough to care for your child, particularly if you have previously felt suicidal or have acted on that thought. But no one is going to try to punish you for not being well - they will look at what is in the best interests of your daughter, and not having contact with her mum for two weeks is not really in her best interests.
I would suggest you make those applications as a matter of urgency (Monday morning) and not to wait to see if he does something first.
Look, sometimes people make mistakes in extreme circumstances, so don't spend any further time beating yourself up about hitting him. It's not good, I won't lie to you, but it is not the end of the world either. The courts deal with stuff like this every single day.
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I hope it all works out well.
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