UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law

Dear Sirs Background: 3/10/16: I suspected that my wife was

Customer Question
Dear Sirs Background: 3/10/16: I suspected that...
Dear Sirs
Background:
3/10/16: I suspected that my wife was having an affair, when I asked her about it, she left the house and took the car which I own and have the primary insurer, she is a named driver. She left our child in my care.
4/10/16: Came to collect some of her belongings in presence of her friend and asked me to take care of our child as she has no permanent place to live.
5/10/16 - 7/10/16: Stayed out overnight, but picked up our son from the child minder, put him to bed and left the house when I returned from work.
8/10/16 - 9/10/16: Through family invited me to meet in Oxford to discuss reconciliation. Took our son from me without any discussion and left.
10/11/16: My wife submitted an application in my absence to the Reigate Family Courts and got the court to issue a) Non-molestation order b) Occupation Order c) Child Arrangement Order (Primary carer)
11/10/16: After the initial hearing the court kept the NMO, asked both parties to share the house (with specified time to use common areas), gave primary care responsibility to my wife and permitted me to have contact with my son as follows;
Monday - Friday: 6:00am - 6:30am, 7:00am - 7:45am
Saturday: Full day (wake up to bed time)
The above decision was for an interim basis, until the next hearing on Occupation Order and NMO (26/10/16).
However, my wife didn't follow the court order, didn't sleep at home on a single night between 11/10 to 17/10 and forced overnight childcare on me without consent / agreement. Her argument was that unless she receives the court order it is not enforceable. The court emailed the hearing outcome on 17/10/16, however, it was dated as 11/10/16 (the hearing date). Furthermore, regarding the Child Arrangement Order, the court had set a hearing date of 15/11/16.
Yesterday, when I returned from work (approx. 9:30pm), I didn't find my son or wife at home. Which was unusual as my son, who is only 2 years old sleeps around 7pm. I contacted my wife by email to ask where our son was. Instead of replying to my email, she sent a new email (10:00pm) suggesting that, she as the primary carer has taken the decision to change the residence of my son, however, she is happy for me to have the arranged contact with him (6:00am) in Dorking area. I responded by asking the address for contact, she refused to give it to me and instead proposed to meet at the Dorking Train Station, to which I agreed.
I arrived at the train station in time and waited for my wife and son for 2 hours, but she didn't show up. She sent me a few emails suggesting that she thought I wasn't coming, she disagrees with the arrangement and can't bring my son, shortly afterwards suggested that she is outside the station but leaving and finally asking me which station was I at, as there are three stations in Dorking?
My Questions:
1. Where do I stand, in terms of the child arrangement order, can I ask her to bring the child at the family home at specified times and refuse to meet elsewhere?
2. On 3/10/16, she took the car which I own and have the primary insurer, she is a named driver. She is refusing to return that car to me. What are my options?
I will really appreciate your advice and help in the above matter.
Best regards
Sharjeel
Submitted: 1 year ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Customer reply replied 1 year ago
I need to reply to my wife soon for tomorrow's contact, she has sent me a follow up email regarding this matter. I look forward to your response
Answered in 15 minutes by:
10/19/2016
Solicitor: Clare, Solicitor replied 1 year ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34,709
Experience: family solictor with 25 years experience
Verified

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How far is Dorking from your home?

Ask Your Own UK Law Question
Customer reply replied 1 year ago
Thank you. Dorking train station is 21 miles from my home as per Google map.
Customer reply replied 1 year ago
She is now proposing that I keep my son from 5pm Friday to 8:30am Monday and that she will keep him for the remainder of the days. Which doesn't mean much as my son goes to the child minder 8:30am-4:30pm Monday to Friday. I suspect, she wants to keep the weekend to herself, so that she can spend time with her lover.
Customer reply replied 1 year ago
I have attached the most recent orders issued after the initial hearing on 11/10/16
Solicitor: Clare, Solicitor replied 1 year ago

Would having him at the weekend be a problem for you?

Ask Your Own UK Law Question
Customer reply replied 1 year ago
it will be. I was thinking of proposing to have contact on Sunday only and that too between 11:00am - 4:00pm. If I can get my car back, I can go and meet him in Dorking. If not, I'd request him to be dropped-off at the family home in Caterham.
Solicitor: Clare, Solicitor replied 1 year ago

What arrangement are you looking for in the long term?

Ask Your Own UK Law Question
Customer reply replied 1 year ago
I do love my son a lot, but I can't let my wife use him as a pawn to get to me. She was sentenced to 12 months imprisonment (suspended for two years) on 20/2/15 for perverting the course of justice. She helped her brother destroy incriminating evidence in a drugs and gun crime case. Furthermore, she falsely accused me of violence earlier this year, the Police investigated and released me without any charge / caution. I pay for all house expenses, child care, and on top of it she made me pay £500 a month for her expenses, she also works part-time and has reasonable earning. But she never contributed towards any expenses.
Customer reply replied 1 year ago
I'd go for a similar arrangement in the near future (up to 1 year) and then request a revision, depending upon how things are between my wife and I. She claims to have submitted the divorce petition on 10/10/16 but I am yet to receive any paperwork.
Solicitor: Clare, Solicitor replied 1 year ago

So you do not wish to have the full time of your son - you are happy for your wife to care for him?

Ask Your Own UK Law Question
Customer reply replied 1 year ago
at least in the short-term. I used to spend 2 hours every morning (milk, nappy, play, breakfast) with him plus the full weekend. I helped with the house chores (doing dishes, hoover, cleaning etc.) but my wife wanted me to do even more, which I couldn't with my job. It hurts me to take this decision but I feel it is the right decision for both me and my son
Customer reply replied 1 year ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 1 year ago
Sorry just clicked it by mistake
Customer reply replied 1 year ago
Dear Clare
I'm about to leave work now, as I have almost 2 hours journey home. I have to respond to my wife's email by 9:30pm. Do you need more information from me, or do you think you'll be able to advise on the questions based on the information provided above?
Solicitor: Clare, Solicitor replied 1 year ago

if that is the case then there is no reason not to suggest the alternative contact arrangement that you want.

Please be aware however that the housing needs of your wife and child will be the priority in any settlement - and you may find it somewhat harder to increase ocntact in the future

I am afraid that you cannot do anything about the car at this point

Please ask if you need further details

Ask Your Own UK Law Question
Customer reply replied 1 year ago
Thank you Clare, what do you mean by the comment about the housing need priority in settlement? Are you referring to the occupation order or divorce?
Solicitor: Clare, Solicitor replied 1 year ago

Both

Ask Your Own UK Law Question
Customer reply replied 1 year ago
What would you advise regarding the car, shall I wait until divorce mediation to discuss? Can I not take any legal action?
Solicitor: Clare, Solicitor replied 1 year ago

It would be very unwise to try and take it of her since she has the child - it is something to be dealt with in mediation

Ask Your Own UK Law Question
Ask Clare Your Own Question
Clare
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34,709
34,709 Satisfied Customers
Experience: family solictor with 25 years experience

Clare is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

34,709 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
When I file for small claims court in London and date set,
When I file for small claims court in London and date set, what if i can't be there as I am working overseas? Can I ask someone to act on my behalf?The reason for not filing at the moment as I have a … read more
Jamie-Law
Jamie-Law
5,352 satisfied customers
My friends downsyndrome sister recives disability living
Hi my friends downsyndrome sister recives disability living allowance which is now being transitioned to PIP but she has nevet claimed income support. Is she entitled to income support as she herself … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,612 satisfied customers
I've been asked to go to an interveiw under caution for
Hi I've been asked to go to an interveiw under caution for suspected benefit fraud. What it was is I applied for housing benefit that I am entitled to as single mum and working tax. But what I didn't … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,612 satisfied customers
My mother died intestate last July, she lived with my sister
My mother died intestate last July, she lived with my sister who I'd fallen out with some time ago, my brother contacted me on Boxing day and told me my mother had informed my sister that I wasn't to … read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,846 satisfied customers
My friends downsyndrome sister recives disability living
Second opinion] Hi my friends downsyndrome sister recives disability living allowance which is now being transitioned to PIP but she has nevet claimed income support. Is she entitled to income support… read more
Clare
Clare
Solicitor
34,709 satisfied customers
Family mater get in ex girlfriend out of my property. What I
Family mater get in ex girlfriend out of my property … read more
Clare
Clare
Solicitor
34,709 satisfied customers
My ex wife is wanting to take our 4 year old daughter on
Hi, my ex wife is wanting to take our 4 year old daughter on holiday, that in it's self I have no issues with. I have asked my ex wife for a child travel consent form outlining details of the holiday … read more
ivorylounge
ivorylounge
38 satisfied customers
I ordered 5 items online, and paid for them. there then
I ordered 5 items online, and paid for them. there then followed a series of emails from the seller, sayting that the item was being 'tested', and that one of the colours I asked for was not available… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
Please can you advice me what will likely happen with the
Hi please can you advice me what will likely happen with the following.In March me and my partner of 6 years had a domestic argument. She drank every day and often came across in my face and argumenta… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,612 satisfied customers
We have a survey to establish employee satisfaction and our
Hi thereWe have a survey to establish employee satisfaction and our department came last.My manager has just told me that I am being made to improve the score in the next two to three months and if I … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I have not been paid for some consultancy work i did for an
I have not been paid for some consultancy work i did for an agency set up to manage a United Nations project. They claim the client will not pay them so they are not in a position to pay me. The agenc… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,666 satisfied customers
I hope so. UK. Letters written, complaint filed with
Letters written, complaint filed with solicitor concerned.... Ideal outcome would be to compromise/mediation... … read more
ivorylounge
ivorylounge
38 satisfied customers
I, and one of my executors have changed our address since I
i, and one of my executors have changed our address since I made my Will. Do I need to modify myh Will or will a codicil do? … read more
Clare
Clare
Solicitor
34,709 satisfied customers
If I have a complaint about my solicitors bill and after
If I have a complaint about my solicitors bill and after exhausting their complaints procedure and my complaint is then bing investigated by the legal ombudsman, does the interest on the bill freeze u… read more
Jamie-Law
Jamie-Law
5,352 satisfied customers
I want to know if my employer can tell me not to come in
i want to know if my employer can tell me not to come in anymore … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I recently moved my mother to live with me in May last year
I recently moved my mother to live with me in May last year as she has mixed dementia and has increasingly needed more support. I sold my home to purchase a larger house with an annexe to house my mot… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,205 satisfied customers
I am trying to find out if copywrite exists on car adverts
Hello I am trying to find out if copywrite exists on car adverts from th 20's to the 50's. The car company was wound up. not absorbed in the mid 1960's … read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,702 satisfied customers
I have an executor for my late mother's will, however, he
I have an executor for my late mother's will, however, he refuses to do his job. What can I do? … read more
Clare
Clare
Solicitor
34,709 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x