[Solved] Court hearing

I'm sorry to hear that this has happened, as I said in a previous post, there was a possibility that she had been placed in a refuge, because of that she will be entitled to legal aid for legal representation. It's likely that the court took her situation into account when combining your applications.

They have to take any allegations seriously, but you should have the opportunity to give your side of things.

I certainly wouldn't want to make predictions about the outcome, it's possible that the court will grant an occupation order, It's up to you to present a good case for that not to happen.

It would be a good idea if you took some legal advice, some solicitors offer a free initial consultation, which might be helpful.

It might also help if you attended a Families Need Fathers meeting in your area, where you'll get face to face support and advice from others in a similar situation. Here's a link,to the website where you'll find details of meetings nationally, hopefully there will be one near to you.

www.fnf.org.uk/help-and-support-2/local-branch-meetings

All the best

Thank you Mojo.

I know that the occupation order can be granted on domestic violence basis. But I know I am clear never done anything to her or the kids, so I was thinking to ask the police for a voluntary statement that will show that I am clear from that side. Also was thinking to go to see my GP for stress my wife is causing to me because of this whole situation. What do you think about that, will it help in my case?

I am not sure if I can afford paying for mortgage and a rent if I had to leave the family home. My wife does not work.

I have contacted my solicitor and they will represent me on the next hearing. So was thinking about withdraw whole my application and start a divorce instead. Would that be something the court look at it?

It’s likely that a detailed welfare report will be ordered, called a Section 7, as part of that, information will be gathered from police and the local authority, about previous involvement, if any.

As you’ve submitted an application for child arrangements, which was accepted, it should form part of the case, I would speak to your solicitor about asking for consideration for this at the next hearing... although they may want to deal with the other issues first, before deciding on contact. Again speak to your solicitor about the best way to approach it.

Having stress because of your situation won’t really affect your case either way... it’s normal; distressing situations do cause stress, it would be unusual for you not to have been affected.

At this stage they may not accept a withdrawal, I would leave your application as it is and see how things pan out.

It might be worth speaking to your mortgage provider, if you explain what’s happened with regards to the property, they may agree to a period of interest free payments only, which would help.

Best of luck

Barrister or solicitor for court hearing?

If you're going to pay for representation at the hearing I would suggest getting a direct access barrister. It will help keep your costs down.