Hi,
I need some urgent help and advice please! Anybody?!
Basically since the start of the year my ex-wife has been dealing with mental health issues since her father has passed away and since giving birth to our first baby in July.
Ex has been lashing out on me a lot, kicking, biting, slapping etc….
On 18/11/21, we have a verbal disagreement and she then assaulted me and threw my baby’s bottle from her mouth at me. She then called the police saying I assaulted her!!!! Lies! I never expected this. Anyways, I was falsely arrested and released with NFA
I decided to keep away for a few days. My ex messaged me x3 times via email, text and a call. Asking me to come home. I blocked her. I was short on clothes so went to the property on the 22/11/21. I found out she has changed the locks. This is my sole property and mortgage. I work full time and she is on benefits. The police came and said I can’t get my stuff. I have no restrictions so went back the next day and even informed the police beforehand. As I went back the police were called again, but this time helped me get my items. I decided the keep away longer now.
On 8/12/21 myself and both my parents were served with NMOs. I am shocked to hear my parents received one too!!! My parents are totally innocent. She made false lies against all 3 of us and went for my parents to get back at me.
She also applied for an occupancy order.
had our return hearing on 16/12/21. And the judge asked if I wanted to accept? [censored] no! I have proof she lied on her statement and have the text proof from her asking me to come home. Another lie was that she said she has no money. But she forgot to disclose the x2 savings accounts with £7k in.
I accepted the occupancy order on a undertaking basis cause I want my daughter to have a home. Her legal aid solicitor rejected the offer and said they are pursuing the order and then requested I pay the bills! I am already paying the mortgage! Surely they can’t push for bills when she has £1000s
Anyway the judge adjourned the case for a full hearing on 1st March 2022. I can’t believe she can do this!? I have evidence and she does not, yet the judge keeps the order for 3 months!
I have not seen my daughter for 5 weeks and put through a child arrangement order 2 weeks ago with no response.
any help on the above please?
many thanks
That's a very sad story particularly at this time of the year. She does have home rights though even though its all in your name. The Occupancy Order can make you pay the mortgage too. If she has legal aid then it looks as though she hasn't disclosed her savings. She can ask the CMS to assess maintenance so its likely you'll have to pay something. It can take a while for a C100 application to be heard as the courts are so busy. If you feel the marriage is over, then you may need to consider engaging a Solicitor to deal with a divorce and financial settlement. Sorry, it can all be a bit messy and expensive. There are some guides on divorce, child arrangements and going to court when the other side has a lawyer and you don't on the advicenow.org.uk website. Be prepared for her to walk away with pretty much everything even if she doesn't get the non mol.
Hi,
It can be a 3-4 month wait for a court date for child arrangement orders. In some parts of country it may happen quicker if their not too busy. You could phone or email your local family court for an update about your application. Can google for their details.