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Jo C.
Jo C., Barrister
Category: UK Family Law
Satisfied Customers: 796
Experience:  Over 5 years in practice.
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I am trying to move out of the marital home with my 10 year

Customer Question

I am trying to move out of the marital home with my 10 year old son. My husband has recently gone through a PIP and a disciplinary at work. Ultimately he was signed off work for depression, is seeing a therapist and has no lost his job. I am not sure about his mental state but he has turned the house into a “work shop” where he is trying to fulfil himself. There have been incidents of violence before (3 in the last 8 years) and he has a nasty temper. I have tried to talk to him about moving out but he is just blowing up out of all proportions to the point where I am scared. I have looked for a house to rent locally and would like to move there with my son. I have no intention of taking my son away from his dad but I don’t want him to live with him at this particular point in time because I question his mental status. I understand that I have to apply for a residence order which he would be informed of while my son and me are living in the house. I am extremely worried about that because I fear his reaction. I understand that I could apply for a non molestation order (without him knowing) and subject to getting that could apply for the residence order right afterwards but I am not sure even that would help due to his state of mind. Are there any other options? I have proof (pictures) of unsuitable living conditions since he’s turned the whole house into a workshop (Acetone, Stanley knives and blades all over tables and work surfaces, he’s been diagnosed with severe sleep apnoea and was supposed to inform the DVLA since he isn’t allowed to drive but hasn’t done that and is just ignoring it, he’s seeing a therapist to work through his anger (he lost his job due to complaints about his aggressive behaviour), etc. I feel I am living with a time bomb ready to go off.
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question
I shall do my best to assist you but I need some further information first.
Have you found somewhere for your and your son to live?
Customer: replied 2 years ago.

Hi there,

Yes found a rental property close by.




Expert:  Clare replied 2 years ago.
Is he likely to wish to have the child living with him?

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Jo C.
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