Hi, divorcing my wife, currently cautioned under mental health; managed to save my daughter 14 mths from her hands, after a week of efforts to get back to my home; she is suffering deep depression...
She was on marriage visa,curtailed as myself withdrew sponsorship: she has not right to be here, however cautioned under mental health I am not sure of her rights!
Can anyone hel with the following questions:
1) Social services/Hospital made aware of our divorce! I don't want her near me,as she always calls police, accusing falsely of domestic violence? Do you think she has the right to come home or force entry?
2) She did not contribute to my mortgage at anytime,never worked these two tormentous years of being married to her! never been part of mortgage deeds, what are her rights in my marital home?
3)What about her rights about our toddler,14mths old,when she is cautioned under mental health
Your speed on this matter is much appreciated!
Adrian
Hi there and welcome,
I'll be honest and say I don't know where you stand on this.
I am out and on a mobile device so don't have access to the email address of our children's legal Centre or our team that look after social services questions.
I will send some emails later this evening and ask them to drop in and answer your questions for you.
I will also flag this with my colleagues to see if someone can do this before this evening this evening for you so keep checking back, it can take a few days to get a reply from them.
Darren
Hi Adrian
The honest answer is that I don't know for certain, so you'd need expert opinions. The CCLC will be able to give an opinion on Q3, so I'll ask them to give an opinion, hopefully that will be tomorrow.
You really need to see a solicitor regarding the divorce and rights - I think that because you were married, she will have some rights to the house, and because of her mental health, it's possible that a court would consider that you have to provide maintenance because she can't be expected to work to support herself.
I'd certainly have a word with the Foreign and Commonwealth Office to see what the position is regarding her right to stay in this country - again, she may have rights because she has a daughter in this country.
Keep checking for any responses from other dads, and I'll email CCLC now.
Hi Adrian
If the law used common sense then you should not need to worry - unfortunately it is not as easy as that especially of she can get a good lawyer
I wish you all the best and suggest you speak to your lawyer - remember it is the child that is key and who can provide a safe stable environment
Dear Adrian,
Thank you for your query.
In regards to your wife being detained under the Mental Health Act, this is something we cannot advise on in detail as this is not our area of law. It woudl be necessary to speak to your wife's doctors and perhaps a mental health solicitor to establish what the exact position is in relation to how long your wife is likley to be detained, whether she will be able to leave of her own free will.
In relation to your daughter, you both have Parental Responsibility for your daughter and your wife being detained under the Mental Health Act does not remove this from your wife. However, on a practical level your wife is unlikely to be exercising her parental responsibility whilst she is detained.
A child does not formally belong with either parent. There is no need to formalise arrangements where parents agree. However where there is dispute over where a child is needed a residence order may be needed. This is a court order which states who a child is to live with and is legally binding. There is no presumption in favour of either mother or father, however the longer a child remains with a particular parent the less likely the court are to vary that without good reason, as they feel that it is important a child has stability.
When deciding matters in relation to children the court will consider the welfare checklist, namely:
1. The wishes and feelings of the child (where older)
2. The emotional, physical and educational needs of the child
3. The likely effect on the child of any change in circumstances
4. How capable each parent is of providing care
5. Any harm the child has suffered or is at risk of suffering
In relation to the family home; your wife has a right to be in the property and also has an interest in the property by virtue of being married to you.
It would be advisable to seek the assistance of a family solicitor with this matter as they would be able to assist both with matters relating to your daughter and also your property/divorce.
We hope this information has been of use to you and wish you well as you take this matter forward.
Should you wish to discuss your situation further please do contact one of our legal advisors via our webchat which can be accessed on our website www.childrenslegalcentre.com between 9am and 6pm.
Yours faithfully
The Coram Children’s Legal Centre
Thanks for your response!
Recently, i 've approached by a social worker, who says she had a referral from my ex-wife, now in mental ward! Social worker wanted access to my child's records, but did not give any reason or explained my rights on this case? If no referral being shown to me, how can I stop her assessment, as I really do not like her to visit me in unsociable hours, as I am busy, my daughter goes to nursery? why does she get involve, as if I haven't got enough problems as it is juggling with dad and mum tasks at the same time? She was so un-professional and such a bully that I'd like to raise a complaint!
If she did not show me copies of the referral or avoiding my q's by answering that she is still awaiting to complete, why should I allow her access to my child's records?