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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19801
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My daughter has parted from her husband , two children 2/3

Resolved Question:

My daughter has parted from her husband , two children 2/3 years , he has smashed there house up, has made threts to her and me and my wife,house mortgage app112,000 sale price similar , she has small ish debt of around 5k , we are thinking she should go bankrupt, take out a restraining order against the husband for the three of us (police advise)and get sum sort of legal right over the children, and finally start divorce process ? Are we on the right track how should we start/ go about this??
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

Have police been involved?

Who is day to day care of children? Will he be awkward over children?

Customer: replied 1 year ago.
She is not in family home, she has moved out with the children supported by the council , police have told him if he try's to break in family home they will arrest him we have been advised by the police he has made death thret against my daughter me and the wife if we see him to call 999, my daughter has the children, We feel he will be akward on every thing
Expert:  Stuart J replied 1 year ago.




Thank you.
Clearly, this is very distressing for her and you and she and you will feel better when she has
a way forward.

There are
obviously three issues (at least), money, children, house.



Dealing with each
in turn.



With regard to
going bankrupt, I imagine that your daughter's main concern is providing a home
for the children although I do not know whether she wants to move back into the
marital home or not.



Unless there is
an order preventing him from returning to the marital home, I am not certain
why the police have said what they have said because he is entitled to go back
to the house. There may be more to this than I know.



Clearly, there is
an allegation of violence and the police have been involved and I think to
apply for a non-molestation order to prevent him coming within say, 100 m of
her would be a priority. If she makes the application to court today, and the solicitor
at attaches a certificate of urgency, she could have an interim order within 24
hours. You need to join in the application to prevent him coming near you also.



The same applies
with regard to the house although I accept that at present, she may feel more
secure elsewhere. She can get an occupation order whereby she occupies the
house and he does not.



If he breaches
and non-molestation order, he is then liable to be arrested.



I would suggest
that your daughter makes an urgent appointment to see a solicitor. There is
still 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 after
it has happened



She also needs an
interim residence order for the children to live with her.



Interim orders
are granted in an emergency whilst the court waits for a slot for a full
hearing.



Moving down, onto
money. If the children are living with her, then she is entitled to child
maintenance from him at the CSA rates and in this respect, I would suggest that
she contacted the CSA.



There is then the
issue of her own debts and whether she goes bankrupt or not. With regard to the
house, it really depends whether she wants to live in it, whether she can
afford to live in it and whether being made bankrupt and the obvious effect on
her credit rating, would concern her. I know several people who have gone
bankrupt and today of all, without exception said what a relief it was not to
be chased for debts any more. In that respect, she would be well advised to
speak 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 to
keep the house provided she can continue to service the mortgage and the bills



Does that answer
the question.? Can I assist any further?



I am happy to
follow up any individual point you make



I am online and
off-line each day and most weekends.



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Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19801
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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