[Solved] mother power

Hi Nemeton,

Given the information you've provided then I would assume that;

you've been resident in the family home since 2012, and have been primary carer to your children.
As such I'd say you have very strong grounds to remain.

First thing I'd do is get some legal advice and go from there, but I suspect she's just giving a lot of bluster and hassle in the hope you do just "pack your bags and leave"
Hold fast, speak to a solicitor and if she turns up on the doorstep kicking off, call the old bill!

Hopefully someone with more experience in relation to the housing etc, will be able to provide more in depth information.

BD

Hi There,

I tend to agree with the above that actually you are in the right to stay put, but get in touch with a solicitor ASAP just to be certian as you don't want to harm any future case that may happen.

GTTS

Wife left in 2012
Divorced 2013 (Her adultery) . No court orders. I have 100% care of our children (5&8) as birth father.
2013 her inprisonment in Brazil where she now is.
But a recent mail states that on her return she wants:
1. me to leave the family home (we are tenants in common so 50/50 ownership)
2. she wants full care of the children.
3. she intends to take them to london (we live wales) She may allow the odd evening visit BY ME!
4. she refuses mediation process and the psychological violence in her letters suggests she will use physical force to establish her 'rights' as she feels.
I am worrid sick.
Can she actually turn up and do all these things?
Am I powerless to stop her?
Solicitor says she can do nothing because these are the mother's RIGHTS.
So do I agree to her demands or is there some thing I can do. I dont want to lose my children like this.

Hi there

You certainly can do something! If you apply for an urgent child Arrangements Order for Residence and an urgent Prohibited Steps Order to prevent her removing the children this will prevent her demands.

As you have been the resident and sole parent since 2012 then you should have no problem getting these orders granted. As she is not in this country you should ask for ex parte proceedings.

You will need form C100 to apply for both and as it is an urgent application you do not have to attend mediation.

Your solicitor needs sacking!

The only issue I can see is the jointly owned property, but it might be useful to look into an Occupation Order, I can't advise on these as this is out of my sphere of knowledge.

with that criminal record, I'd get legal advice on whether you can get a restraining order against her before she even turns up on the doorstep

http://www.cps.gov.uk/legal/p_to_r/restraining_orders/

nemeton - I've merged your threads into one to keep it all together.

I agree with Mojo - your solicitor appears to be about as useful as a chocolate teapot!

You have had sole care of the children, and have been resident in the property for over 2 years since she left.
Get yourself the C100, get it into court and signed off before she resurfaces.

As said before, it sounds like she is simply "shouting the odds" in the hope that you just fold and allow it.

Given the information you have provided, I can't see any judge agreeing to her becoming resident parent/primary carer.
She'd be pretty optimistic to be asking for anything other than supported contact at the moment IMO.

BD