Have police been involved?
Who is day to day care of children? Will he be awkward over children?
Thank you.Clearly, this is very distressing for her and you and she and you will feel better when she hasa way forward.
There areobviously three issues (at least), money, children, house.
Dealing with eachin turn.
With regard togoing bankrupt, I imagine that your daughter's main concern is providing a homefor the children although I do not know whether she wants to move back into themarital home or not.
Unless there isan order preventing him from returning to the marital home, I am not certainwhy the police have said what they have said because he is entitled to go backto the house. There may be more to this than I know.
Clearly, there isan allegation of violence and the police have been involved and I think toapply for a non-molestation order to prevent him coming within say, 100 m ofher would be a priority. If she makes the application to court today, and the solicitorat attaches a certificate of urgency, she could have an interim order within 24hours. You need to join in the application to prevent him coming near you also.
The same applieswith regard to the house although I accept that at present, she may feel moresecure elsewhere. She can get an occupation order whereby she occupies thehouse and he does not.
If he breachesand non-molestation order, he is then liable to be arrested.
I would suggestthat your daughter makes an urgent appointment to see a solicitor. There isstill legal aid for matters of violence and therefore she may be entitled to it.She will feel better once she has made that appointment and even better afterit has happened
She also needs aninterim residence order for the children to live with her.
Interim ordersare granted in an emergency whilst the court waits for a slot for a fullhearing.
Moving down, ontomoney. If the children are living with her, then she is entitled to childmaintenance from him at the CSA rates and in this respect, I would suggest thatshe contacted the CSA.
There is then theissue of her own debts and whether she goes bankrupt or not. With regard to thehouse, it really depends whether she wants to live in it, whether she canafford to live in it and whether being made bankrupt and the obvious effect onher credit rating, would concern her. I know several people who have gonebankrupt and today of all, without exception said what a relief it was not tobe chased for debts any more. In that respect, she would be well advised tospeak to an insolvency practitioner. If she can afford to live in the house,and there is no equity in it as you tell me there is not, she may be able tokeep the house provided she can continue to service the mortgage and the bills
Does that answerthe question.? Can I assist any further?
I am happy tofollow up any individual point you make
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