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Legal matters

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Need family law advice for my friend.

46 replies

CardyMow · 02/06/2012 21:58

Backstory: My friend has 4 dc. Her DD1 is 15yo, from her first relationship. Her DD2 is 10yo, from her second relationship. Her DD3 is 3yo, and her DS is 15mo, both from her third relationship, which broke down irreperably a week and a half ago.

The relationship had had problems all along, mostly because he was VERY controlling. He has been violent towards her once before, about 3 years ago, when they split up previously, but they got back together and he hasn't been physical since, it's all been messing with her head.

A week and a half ago, they had a row about her 15yo DD being allowed to go to an under 18's club night, which culminated in my friends Ex pushing over her 15yo DD. At which point, she asked him to leave.

I need to point out that while my friend works 12 hrs a week as a mid-day assistant at the local Secondary school, he stays at home to look after the two little ones, but it's only 12 hrs a week.

He has been staying with their next door neighbour. On Thursday evening, she was served with papers(?) telling her she had to be in Court on Friday. She had no time to get a case together, and she couldn't get a Solicitor, and ended up with a Duty Solicitor (?). Her Ex had prepared an 18 page statement, she had nothing.

They AREN'T married.

She came up with a Judge who is, erm, well known locally for being a mysoginistic twunt slightly biased towards men in these cases.

She has been ordered to let him move back in for 6 weeks, and that she only gets to be with her 3yo and her 15mo from 6.30am till 1.30pm (yes, just 7 hrs a day), and the rest of the time is 'his' time. The 6 weeks is apparently to give him time to find his own place. The house is a Housing Association house, NOT in a joint tenancy, the Tenancy is in her name only.

However, her 15yo and her 10yo have point blank refused to come back to the house while her Ex is there, and are now staying with her mother. I thought the courts were meant to appoint a Guardian Ad Litem to look after the interests of the children? ALL the children in the family? I can't see a Guardian Ad Litem suggesting this as a plan of action if it means that 1) Siblings will be separated, and 2) Two older dc feel pushed out of their own home. This is complicated by the fact that the father of her 10yo sexually abused her 15yo ten years ago, and therefore she is trying to protect her 15yo from any further emotional issues with men by kicking her Ex out as soon as he pushed her over.

She has been to a Solicitor this afternoon, they are going to appeal the decision, and they are going to try to take it to the bigger County Court, not our local one (in a hope to avoid this judge, I presume).

Can the Judge order this? Last night, she had her best friend round for a Chinese, and he literally pushed her friend out of the house and locked the door (locking both the friend out, and MY friend IN.). He has told my friend that he WON'T be moving out when the 6 weeks are up, he WILL keep the house and kids.

And he apparently did the same thing with the twin boys that he had with his first wife, and they weren't returned to the mother until they left him of their own accord and moved back in with their mother and refused to go back to him when they were 11yo.

He is a controlling, abusive, EA bastard, and he is breaking my friend into little pieces, and the fucking judge is complicit in this - where do I go/ who do I talk to or direct her to to get her some help with all this?!

(Sorry for massive length, and well done if you got to the bottom of it all!)

OP posts:
CardyMow · 03/06/2012 10:10

Friend is in legal aid, only Family law solicitor in our town that accepts legal aid is well know for not getting the best outcomes. Her ex us paying for legal representation out of his compensation settlement. ( his disability happened at work).

So she hasn't got the best legal help, and he has...

OP posts:
CardyMow · 03/06/2012 10:11

No set date, just "Will be reassessed in 6 weeks".

OP posts:
QuintessentialShadows · 03/06/2012 10:23

It is a bit late to start looking out for her 15 year old dds needs after staying years with an abusive, violent and controlling man, having no less than 2 children with him.... I wonder what that 15 year olds home life was like before he finally got violent wither her. For her two older children to make a stand now and refuse to move back, well, that speaks volumes about the situation your friend has let her children live in.

The judge probably thinks as she has lived happily with him for x amount of years and never taken any action, he is not as bad as she now says.

And you have decided to speak up now? Well that is good. She will need all the support she can get.

CardyMow · 03/06/2012 10:52

She has kicked humour before, but he has always wormed his way back in. I HAVE spoken to her before about the effects on her DC, but it has taken her a while to feel strong enough to stop falling for his manipulative bullshit.

She has well and truly lost the rise tinted glasses now. They were only together for 3 months when she fell pg with the 3yo, but with the 15mo, she DID seriously consider terminating, but he bullied her into not going through with it.

Believe me, I have been trying to get her out of this situation for a couple of years now.

OP posts:
CardyMow · 03/06/2012 10:56

Thing is, she didn't see it as abusive until he did what he did to her oldest DD. she just saw it as keeping her man happy and keeping the peace by not arguing with him.

She started a college course in September, and it has made her realise that what he was doing was wrong, and she didn't have to sit back and take it, and that's when the problems escalated, because she would no longer kowtow to him IYSWIM.

He wasn't so bad when he was getting everything HIS way, they argued a lot about the fact that she feels her 15yo needs more freedom, he wouldn't even let her go to the local park!!

OP posts:
CardyMow · 03/06/2012 11:06

They've only been living together for 1 year, before that he has his own home. It's got worse since she has the youngest DC, too, that's when he stepped it up a notch.

I'm trying my best to get what advice I can to help her, MN has always been able to help me when I need help, so I'm asking here so that I can help her.

I can see your point about the judge not seeing it as a major issue as it's only now that she has kicked him out, but she was trying to do the right thing by her DD, would YOU want to share a house with someone who thought it was ok to push over your 15yo DD because you were taking too long helping her with her hair?!

It's all about control with him, he wanted to control every aspect of all their lives - he wouldn't let my friend do the cooking or shopping because she would "spend too much money and buy food he doesn't like".

He expected everyone to eat every bit of food on their plate, even if they were full, even if they hated the food. WW3 would ensue otherwise, and they all just went along with everything to keep the peace.

One of the main reasons she has always taken him back is because every time they split up, he would threaten to take the two little DC away from her, and get custody. She took him back every time to avoid that.

This time though, she felt she couldn't take him back, because she had to do right by her 15yo, even if it is the wrong thing for her 3yo and 1yo.

Rock and hard place spring to mind, and he HAS done exactly what he always threatened to do. She now gets just 7 hrs a day with the 3yo and 1yo, while he gets the other 17 hrs. Angry

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CardyMow · 03/06/2012 11:58

I've just found out that when she is with the two little ones, he is recording her, but he is going in her bedroom so he isn't being recorded. Is it legal to film someone in their own home without their permission?

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RedHelenB · 03/06/2012 13:34

He won't get custody if she is anywhere near a decent mum so she really needs to stop worrying about that. If the house is in her name then she needn't worry about that either.

CardyMow · 03/06/2012 16:49

What's she meant to do in the meantime though? Her 3yo is crying when she leaves to go and see her older 2 DC, asking to go with her to see her sisters, but my friend isn't allowed to take her. It's tearing her to pieces. How can a so-called 'caring' father sit by and be unmoved when his 3yo DD is in tears because she is missing her older siblings?

And how can she cope with having her every interaction with her 3yo and 1yo filmed without her permission? And with him insisting on sleeping in her bed so she ends up on the sofa? And he is refusing to let anyone in the house, so she can't have anyone there to offer her support. He's practically keeping her a prisoner in her own home with the blessing of the court?!

The only place she can go is to her mum's to see her older DC. She has no phone either as he has hidden her phone charger. Angry

OP posts:
QuintessentialShadows · 03/06/2012 17:35

Can she go to a shelter with her younger 2?

RedHelenB · 03/06/2012 17:57

Why not take the children to see the siblings in her time. This is Britain so no judge can order that she be placed under house arrest!!! She needs to get a grip - so what if he is filming her. Either ignore it or switch off the camera. If he is being a pig about the bed make one up elsewhere. The other option is to move in with her mother until it gets sorted - just as long as she takes the children to theri Dad at the specified time.

mumblechum1 · 03/06/2012 18:02

Agree with Red Helen. Tell her to get rid of the camera, take the little one with her and generally stop allowing him to bully her.

She could always apply for an occupation order if it's that bad.

RedHelenB · 03/06/2012 19:38

I was going to say that as the next step. A friend of mine moved out because it became intolerable living in the same house as her ex but got the occupation order & now they are back in their home without the ex, Totally agree that she needs to stop being bullied - she has four children to think about, their needs are the priority.

STIDW · 03/06/2012 21:26

Presumably though the court has granted an occupation order to the partner to enforce his right to live in the property and that is what the solicitor is advising to appeal.

CardyMow · 03/06/2012 23:58

She is told to have her 'time' with the children in the house, by the judge. Not enough room for her and her two youngest as well as her two oldest at her mums. If she goes to a refuge then it will have to be without the two youngest, as it will be in breach of the court order if they are not with their father from 1.30pm till 6.30am the next morning. Yes, it's an occupation order her ex has got. She can't switch the camera off, she can't find it, but she has seen the films (he is taunting her with them).

It really DOES feel like she's under house arrest right now, from 6.30pm at night (when she has been told she has to be back in the house, or she will forfeit her tenancy to him?) until 1.30pm the next afternoon. The time in between she is either on buses on the way to her mum's, seeing her oldest 2 DC at her mum's, or on buses back from her mum's!

OP posts:
RedHelenB · 04/06/2012 08:50

Has she got this right?? Forfeit her tenancy if she spends the night with her other children? Told to have her time with them in the house? I would be straight onto my MP & the papers claiming house arrest no judge can order this, we're not living in apartheid Africa!!!

Could they all meet at yours?

AS to the films, what's the problem? They presumably won't show anything untoward so she needs to ignore them.

mumblechum1 · 04/06/2012 09:34

The films would most certainly not be admissible in court btw. I had a case a while ago where the father was filming the children arriving for contact with him to show that they weren't distressed.

I was acting for the mum but didn't object to the dvds being included in the list for the court bundle because I knew the judge was going to go ballistic with the dad, which she did, calling his actions reprehensible and underhand and it worked against him. The dvds were never shown to the judge, just the fact that he had secretly filmed the kids painted him in a very bad light.

fuckwittery · 04/06/2012 21:07

This reply has been deleted

Message withdrawn at poster's request.

Spero · 04/06/2012 23:42

There is no blanket rule about not admitting films/recordings. Judges take a dim view of people recording other people without their knowledge but I had one case where a tape of abusive phone calls were played - abuser hadn't been told he was being recorded.

Its about whether they have any evidential value. Bitter ex trying to make a non existant case - not relevant. So agree with fuckwittery.

CardyMow · 05/06/2012 08:21

Twat is now insisting on taking their DD to preschool on Wednesday. During my friend's contact time. Refusing to believe that preschool is shut for half term. So she will only see her for an hour before her time is up. Angry

OP posts:
babybarrister · 05/06/2012 08:38

This reply has been deleted

Message withdrawn at poster's request.

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