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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 598
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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My partner is about to go through divorce proceedings with

Customer Question

Hi, my partner is about to go through divorce proceedings with his soon to be ex wife. She is threatening to take the children away because we are having to move out of our house because we are paying her to much money so we cant afford to rent and I'm on maternity leave as we have an 11 week old together. We are having to move in with my parents but shes not allowing the boys to stay there because my parents wont meet her as she threatened to beat me up when I was pregnant a few times. She is now threatening to take the boys and we need to know how we go about making sure she cant do that and going through court to get that sorted but dont know where to start. She is also living in my partners house with the kids it's only my partners name on mortgage but obviously has some rights because they are married. We want to move into that house as it is his house but dont know where we stand with that either. Hope that makes sense, it's very complicated and it's starting to get nasty
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: No we havent been advised to go through family court and I dont know how to start those proceedings
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: We live in torfaen
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I dont believe so
Submitted: 8 days ago.
Category: Law
Expert:  Ross Miller replied 8 days ago.

Hello my name is ***** ***** I can help with this matter if you are still looking for help, please note there may be delays between messages as the experts on this website are all third party and are not on here full time. Thank you.

Customer: replied 8 days ago.
I'm still looking for help please. That's not a problem
Expert:  Ross Miller replied 7 days ago.

Thank you for the information firstly, you are going to have to employ a lawyer who specialises in family law but please let me help put your mind at ease. Firstly, just because they are/were married she may not have any rights to the house, it will depend on the circumstance, now while she may not have any rights to the house itself, she is likely to have some rights to stay there for a time as it was potentially the marital home and the home of his child, who I'm sure he wouldn't want to make homeless, but that is potentially a bit of good news moving forward. Secondly. If you cannot agree on access with the children then you will have to seek the lawyer to make an application to the court for a child contact order the order will set out when he gets access to the children. The court will not look favourable upon her if she is being deliberately difficult for no reason other than dislike of your partner. Secondly, when he has time with his children, unless the court states otherwise, he can see and take them wherever he likes (not out the country though as he needs her or the courts permission for that, one of the other will do so keep that in mind if you are looking to book a holiday abroad may be an idea to seek an order from the court before booking). Even if she objects to the children going the grandparents house, the only reason the court would prevent it would be if there was any type of danger to the children which from what you are saying that sounds highly unlikely. But the short answer is go instruct a lawyer, these things can take time so I wouldn't hesitate too much, a family lawyer should be able to help with both the children situation and also the house situation (which is likely to be the more complicated of both issues).

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

Kind regards

Ross

Expert:  Ross Miller replied 4 days ago.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross