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A further update to my situation.
I am now homeless - I am living in my car after being evicted from my home under threat of violence. I made an application to the housing section at the council and they (despite medical conditions) have not replied to my claim and I assume because they did not help with housing have rejected that I am a priority. However they have not responded in writing. I could not find a bed and breakfast that was affordable and suitable and would be covered by the housing benefit that I could claim.
CAB inform me that I have a right to a 2 bedroom place as I have agreed with my ex to equal access to my children. Due to the "no order principle" I cannot get this confirmed by the courts as everything is amicable. The councils policy (posted on their website) however states that they have to have a court order before they can agree to an extra room. One of their conditions is that I have exactly 50/50 access to the kids. In other words, as everything is amicable I can't get a court order - the council would not give me an extra room under any other conditions - 49/51 access would not be good enough!
The Homelessness Code of Guidance for Local Authorities states in sections 10.6 and 10.9 the following...
10.6. Applicants have a priority need if they have one or more dependent children who
normally live with them or who might reasonably be expected to live with them. There
must be actual dependence on the applicant, although the child need not be wholly
and exclusively dependent on him or her. There must also be actual residence (or a
reasonable expectation of residence) with some degree of permanence or regularity,
rather than a temporary arrangement whereby the children are merely staying with the
applicant for a limited period (see paragraphs 10.9 and 10.10). Similarly, the child
need not be wholly and exclusively resident (or expected to reside wholly and
exclusively) with the applicant.
10.9. Housing authorities may receive applications from a parent who is separated from his
or her former spouse or partner. In some cases where parents separate, the court may
make a residence order indicating with which parent the child normally resides. In
such cases, the child may be considered to reside with the parent named in the order,
and would not normally be expected to reside with the other parent. However, in many
cases the parents come to an agreement themselves as to how the child is to be cared
for, and a court order will not be made or required.
I should qualify!
CAB are saying that they can't take further action until the council reply in writing. I have contacted a solictors but again I don't think there is anything I can do until the reply is received. The same applies to getting a local councillor involved.
The good news is that I am now in receipt of benefits and actually have some money for the first time in four months.
Any advice you guys have would be much appreciated. I'm at a loss and because I'm in my car have limited access to resources such as internet access.
not sure that I can give much useful - might be worth asking the courts for an order on the basis that without it, you can't provide a home. The no order principle does seem daft to me - if the parents could get by without an order, they wouldn't be in court in the first place
I would love to get an order from the courts except that I have to go through mediation first and the first date we can get for a joint appointment is 11/5 - does anyone know if it is possible to get an order without getting the appointment at mediation? Living in my car is hard - mediation is nearly 3 weeks away. Will the courts get involved if everything is amicable?
Unfortunately mediation must be attempted, but as you are in receipt of benefits now you will be entitled to legal aid to pay for it.
It's a hard question to answer to be honest, as harsh as it sounds the court aren't interested in the plight of the parents and if you have a tough judge they might consider that as you have arranged contact between yourselves there's no need for an order. They might even consider that granting an order for the purpose of getting you housed is an incorrect use of the courts time. It's a suck it and see situation I'm afraid,
I'm so sorry you have found yourself in this situation and I hope that you can get some help from somewhere asap.
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