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RJM Law, Lawyer
Category: Law
Satisfied Customers: 3433
Experience:  LL.B (Hons)
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When my son separated from his wife in 2019 I was able to

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When my son separated from his wife in 2019 I was able to lend him the cash, by way of official mortgage agreement, to buy a house. His wife stayed in their rented accommodation where she lived with her boyfriend for a while.
JA: Where are you? It matters because laws vary by location.
Customer: Sorry I forget not to press the return key! I'm in South Yorkshire UK. The problem has arisen as she had a child but we don't know who the father is. My son is very fond of the boy so allowed his wife ( decree Nisi had been completed) to spend time at his house so he could be father to the boy ( now 15 months old). The wife has mental health issues and they have had the boy taken away due to the state of the house now she has introduced her 5 son also has one. There has been friction and an incident where he asked her to leave as she was breaking pottery and glassware in a temper. The police were called and he was arrested because she said he had assaulted her and he agreed he had tried to hold her to stop the damage. I witnessed this on facetime.
JA: What steps have you taken so far?
Customer: Sorry done it again. When he was released he was not allowed back to his home and is now having to stay with me. We need to get his wife out of the house so he can return and she has received an 8 week notice to vacate her council property. The child is still with her at the moment. I'm waiting for the police to get in touch on Thursday to take my statement and I've unsuccessfully tried to get an appointment for advice from the conveyancing solicitor re the terms of the mortgage agreement that could assist us. I also have a legal charge over the property.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The marital issues between the pair have been ongoing since their marriage in 2016 and were evident even prior to that time. The wife is always threatening suicide and at present has an elderly male friend staying with her as the responsible adult supporting the child in being able to be there...however the man often leaves them unattended. My son has tried to call social services as they are heavily involved in the case re the child's welfare

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Thank you for the question.  It seems odd that she has been allowed to reside at his home and not her own, I could understand him not being allowed to enter if they were living together which may be what she has told the police, but there is something there that is not right unless the child was residing there.  However, If the mother has mental health issues and you are worried about the child's wellbeing, I would advise the son to look at a residential order for the child.  You can look at obtaining an emergency hearing by applying to court with the C2 form  (you will find this online). The court may order the mother to go to a psychiatric/psychological assessment in order to determine her fitness to provide proper care for the child, if it is found she is not, the courts could grant your son, residential care for the child and even supervised contact for the mother moving forward.  With the social work involvement to the degree you have stated and the fact the mother is in the son's house, there is likely more going on here but from what I have been provided I would look at going down this route.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland)

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RJM Law, Lawyer
Category: Law
Satisfied Customers: 3433
Experience: LL.B (Hons)
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