Help Needed. Ex has come for kids after seperation w/police
Discussion
My cousin caught his wife sleeping with another man and basically told her to leave the house.
the house is the family house so my cousin's not paid for the house but he was named on the deed around 10 years ago as 50% owner - they've been married around 5-6 years
they've got two kids which remained with the father. She's turned up with the police to remove the kids from her dad.
are they legally allowed to do this where there is no case of him being abusive etc? she currently is being housed by a relative of hers
also would a lawyer being there (his) be of any use?
the house is the family house so my cousin's not paid for the house but he was named on the deed around 10 years ago as 50% owner - they've been married around 5-6 years
they've got two kids which remained with the father. She's turned up with the police to remove the kids from her dad.
are they legally allowed to do this where there is no case of him being abusive etc? she currently is being housed by a relative of hers
also would a lawyer being there (his) be of any use?
I have no legal knowledge but I might reckon something.
If that's the level of advice you want for this problem then this is definitely the right place to ask.
If on the other hand it matters to him tell him to get proper legal advice from an expert. Or even the legal part of PH rather than the lounge.
If that's the level of advice you want for this problem then this is definitely the right place to ask.
If on the other hand it matters to him tell him to get proper legal advice from an expert. Or even the legal part of PH rather than the lounge.
Captain Muppet said:
If on the other hand it matters to him tell him to get proper legal advice from an expert. Or even the legal part of PH rather than the lounge.
no i fully agree PH is no replacement for a legal personbut i'm just asking per-se
i'm in lancashire and this is going on in london... the last thing i'd be doing is goin on PH whilst this was happening...
I would guess she has claimed to the police she was frightened of him turning violent and asked that they accompany her to the house to retrieve belongings.
While there she told the children to come with her, and they did.
Next will likely be an attempt to have him kicked out of the house so she and the children can move back in.
While there she told the children to come with her, and they did.
Next will likely be an attempt to have him kicked out of the house so she and the children can move back in.
Will be interesting to see how this one proceeds.
In the immediate term, he has no right to kick her out of the house, so she can move back in. If he decides to get violent/abusive then the police will remove him.
I also don't believe she can just turn up and remove the children from their family home.
So they're at an impasse. The police will react to what they're told. So he might like to get his accusations of her being abusive to him before she does it the other way to have him removed.
The worst thing he can do at any stage is lose his rag with anyone, especially any attending police.
OF course if both parents are going to insist on having the kids and use this as a weapon, then it's most likely to see him being booted out.
Best he gets a decent solicitor on board now to get some advice and short term agreements in place whilst they work out their 'differences'!
In the immediate term, he has no right to kick her out of the house, so she can move back in. If he decides to get violent/abusive then the police will remove him.
I also don't believe she can just turn up and remove the children from their family home.
So they're at an impasse. The police will react to what they're told. So he might like to get his accusations of her being abusive to him before she does it the other way to have him removed.
The worst thing he can do at any stage is lose his rag with anyone, especially any attending police.
OF course if both parents are going to insist on having the kids and use this as a weapon, then it's most likely to see him being booted out.
Best he gets a decent solicitor on board now to get some advice and short term agreements in place whilst they work out their 'differences'!
i dont think she has any interest in moving back in
she's wanting to be as difficult as possible by doing this. i do have a feeling she's told the good old domestic abuse story to the blue and they've reacted to that.
i've had a good lawyer recommended to him - he's in touch wiht her now..
she's wanting to be as difficult as possible by doing this. i do have a feeling she's told the good old domestic abuse story to the blue and they've reacted to that.
i've had a good lawyer recommended to him - he's in touch wiht her now..
Ok so here's my thoughts, based on experience of the matter.
The chances are, your cousin will get booted out of the house.
Tell him not to be in anyway abusive, don't even swear at her, or call her anything, otherwise she will no doubt report it to the police, if there is even a hint of anything DV related on file, she will almost 100% get legal aid for the upcoming court battle.
However if she does the same thing to him, tell him to get it on file as a matter of urgency.
I don't know how things get split from divorce, but the general consensus seems to be the woman gets to stay in the house with the kids.
If it goes to court, the chances are if she is in the family home she will get a residence order, which essentially means by law, that the kids live with their mother.
The above is obviously based on varying things.
The chances are, your cousin will get booted out of the house.
Tell him not to be in anyway abusive, don't even swear at her, or call her anything, otherwise she will no doubt report it to the police, if there is even a hint of anything DV related on file, she will almost 100% get legal aid for the upcoming court battle.
However if she does the same thing to him, tell him to get it on file as a matter of urgency.
I don't know how things get split from divorce, but the general consensus seems to be the woman gets to stay in the house with the kids.
If it goes to court, the chances are if she is in the family home she will get a residence order, which essentially means by law, that the kids live with their mother.
The above is obviously based on varying things.
well i've just spoken to him.
she was under the impression because she was with the police she would be allowed to remove the kids
they've turned around and said nope you only take your belongings and your passport thats it.
leave the kids wehre they are
he's been on the phone to a family law solicitor...
she was under the impression because she was with the police she would be allowed to remove the kids
they've turned around and said nope you only take your belongings and your passport thats it.
leave the kids wehre they are
he's been on the phone to a family law solicitor...
That ^^ is never fair on any of the family 
I'm assuming he works full time - is he able to cope with/pay for childcare?
MadMullah said:
well i've just spoken to him.
she was under the impression because she was with the police she would be allowed to remove the kids
they've turned around and said nope you only take your belongings and your passport thats it.
leave the kids wehre they are
he's been on the phone to a family law solicitor...
she was under the impression because she was with the police she would be allowed to remove the kids
they've turned around and said nope you only take your belongings and your passport thats it.
leave the kids wehre they are
he's been on the phone to a family law solicitor...
I'm assuming he works full time - is he able to cope with/pay for childcare?
theguvernor said:
Ok so here's my thoughts, based on experience of the matter.
The chances are, your cousin will get booted out of the house.
Tell him not to be in anyway abusive, don't even swear at her, or call her anything, otherwise she will no doubt report it to the police, if there is even a hint of anything DV related on file, she will almost 100% get legal aid for the upcoming court battle.
However if she does the same thing to him, tell him to get it on file as a matter of urgency.
I don't know how things get split from divorce, but the general consensus seems to be the woman gets to stay in the house with the kids.
If it goes to court, the chances are if she is in the family home she will get a residence order, which essentially means by law, that the kids live with their mother.
The above is obviously based on varying things.
Pretty much this. But tell him to get a court order for access to his children. As long as he remains calm it will be the best £170 or so he has ever spent. He can do this without any solicitors help needed. Handy tip - write the magistrate a polite and sensible letter before the case. The chances are, your cousin will get booted out of the house.
Tell him not to be in anyway abusive, don't even swear at her, or call her anything, otherwise she will no doubt report it to the police, if there is even a hint of anything DV related on file, she will almost 100% get legal aid for the upcoming court battle.
However if she does the same thing to him, tell him to get it on file as a matter of urgency.
I don't know how things get split from divorce, but the general consensus seems to be the woman gets to stay in the house with the kids.
If it goes to court, the chances are if she is in the family home she will get a residence order, which essentially means by law, that the kids live with their mother.
The above is obviously based on varying things.
Everything else is just stuff and can be sorted out. Contact with his children will be the most important thing.
MadMullah said:
well i've just spoken to him.
she was under the impression because she was with the police she would be allowed to remove the kids
they've turned around and said nope you only take your belongings and your passport thats it.
leave the kids wehre they are
he's been on the phone to a family law solicitor...
Is this a live feed then? she was under the impression because she was with the police she would be allowed to remove the kids
they've turned around and said nope you only take your belongings and your passport thats it.
leave the kids wehre they are
he's been on the phone to a family law solicitor...
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