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Is it illegal to do this?

5 replies

bella1968 · 18/08/2015 09:27

stbxh no longer lives at our house since 12 June 2014. I have applied for 2 occupation orders/non-mol order but to no avail, judge said bar is set high. CAO in place 7 days with him 7 days with me but not until he finds accommodation. We have 2 children aged 12. I am fed up with him coming to the house so have stuck a sticker on his post saying "no longer living at this address". He's not paid any mortgage or towards bills or the children since last June 2014.

Is this illegal? any advise would be appreciated especially legal. Thanks.

OP posts:
RedDaisyRed · 18/08/2015 09:49

So the current order says until he has accommodation he does not see the children at all or does it say you MUST facilitate contact but it is less than the 7 days on 7 off?

If the latter then lying to say you have moved could breah the order. If not and if the order says no contact at all until he has found accommodation and if you are sue he has not found the accommodation then you are okay. Whether the children want to see him and if they woudl be better off with him than you though is a different moral issue which we cannot answer here.

AlanPacino · 18/08/2015 09:57

If he no longer lives at your address the right think is to return his mail. It's not like he hasn't had long enough to get in touch with necessary companies. Out of courtesy I would tell him you are returning his mail so he can make necessary phone calls.

titchy · 18/08/2015 10:02

OP isn't talking about lying and saying she moved Confused She's just sending his post back as he no longer lives there. Seems perfectly reasonable. Unless he has a court order saying she must provide him with a correspondence address which I doubt...

bella1968 · 18/08/2015 10:48

he gets to see the children Monday and Thursday 5.30-8.30 and from 7.30 on a Sunday till 5pm. This doesn't effect his contact which remains the same until he finds accommodation. The house is in joint names but he hasn't lived there since June. I've recently had to complete the electoral roll form to say that he hasn't lived there since then (as advised by my solicitor) otherwise I would be liable to a fine so I just wanted to remove another reason for him to have to come to the house. We have agreed to sell the house in the FDR financial hearing on 4th August but he wants his legal fees of ?20,840 to be taken from the pot so we are going to final hearing. In the meantime the contact remains.

He had advised the judge that he is living with his aunt but insists on keeping the house as his correspondence address even though he's not living there. He plays silly buggers all the time and keeps saying it's his house etc etc. I don't want the responsibility of him blaming me that his post is going missing etc or whatever else he blames me for and thought that this is the best way forward. He doesn't need to come into the house although he has a right to do so as it's his house also so he avails himself of that right. I am trying to find out what number his aunt lives at so that I can send it there instead but as I don't know it I'll be putting the labels on for the time being.

sorry I hope this makes it a bit clearer.

OP posts:
Icimoi · 20/08/2015 14:22

Hasn't he had to put his current address on court documents? Have the children been to the aunt's house, and if so do they know the number?

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