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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 216
Experience:  LLB (Hons)
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My partner and I separated very recently. He then took my 5

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My partner and I separated very recently. He then took my 5 year old daughter. I then hit him. He refused to bring her home and take her to school until I left our home. I left so that our daughter could go home. I have never been arrested before and yet he has. I now can't see her and have only spoken to her once in 12 days. I have her passport but he plans to take her abroad in 2 weeks. He says he has a legal right to keep her from me and to take her abroad. Is this right please?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: Not yet.
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Chelmsford
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No

Hi, I'm Lea and I am reviewing your query.

Customer: replied 4 days ago.
Thank you
Customer: replied 4 days ago.
No phone call yet, thank you

Phone call is an automatic site pop up

We will continue in writing.

How does he plan to leave the country if you have her passport?

Customer: replied 4 days ago.
He said he will get a judge to make me hand it over

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?

Customer: replied 4 days ago.
I don't know what he has done. I know he got advice before the incident. I haven't yet applied to the court as I am now homeless and I'm scared that that will go against me. We hold a joint tenancy but now that I have hit him (just one hit, when he was taking her) he said he can have me removed due to domestic violence
Customer: replied 4 days ago.
I do not condone hitting him. It was the first time I have ever laid my hands on him. I was so upset

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:

C100: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734888/C100_eng_0818.pdf

FL401: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688175/fl401-eng.pdf

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.

Please accept and rate positively. You will be able to ask follow on questions.

Customer: replied 4 days ago.
I was her main carer. I suffer with depression and anxiety though and have previously felt suicidal. He was arrested for an incident which resulted in him hurting me, once.

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.

Customer: replied 4 days ago.
When he didn't bring her home and didn't take her to school, I contacted the police and was very honest. He did phone the police and had an appt with the police a few days later. My 18 year old was there too. I just don't know what came over me. All I see was him taking my baby so I just hit him
Customer: replied 4 days ago.
I will apply straight away
Customer: replied 4 days ago.
No excuse but I feel that our relationship made my illness worse

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.

Customer: replied 4 days ago.
Thank you for your help

You're welcome.

Please don't forget to rate.

SASH_Law and 5 other Law Specialists are ready to help you

Thanks.

I hope it all works out well.

Don't forget you can request me if you have any further questions.

Customer: replied 4 days ago.
I will do. Thanks again