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Court to force nephew to leave? What's likely to happen?

13 replies

Mummytron · 30/03/2018 18:24

Nephew is divorcing his wife because of unreasonable behaviour. He has been served with a letter to attend court as she wants him out saying he is a danger to her. This is rubbish by the way and actually the other way round. They have 2 children and it's been getting nasty on her side for a while.
What is likely to happen in court please?

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MrsBertBibby · 30/03/2018 19:15

He needs to get advice from his solicitor. It won't be just a letter, he should have her statement setting out what he is meant to have done. It very much depends what she is saying.

Even if he has done nothing, however, he should really get out as soon as he can. It really is no good for anyone, least of all the kids, to be litigating like this.

Mummytron · 30/03/2018 19:22

Yes totally agree about getting out. He's been trying to be amicable but it's just not how she behaves.
She has written something that makes him sound awful. Says he pushed her. He hasn't. I just wondered how the court deals with it. His solicitor is supposed to be ringing but they've been clever with the timing. Handed it to him on weds for appearance on Tues with bank holiday weekend in between. I feel so sorry for him

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prh47bridge · 30/03/2018 19:23

If you mean what will the court decide there is no way of knowing on this little information. He should get proper legal advice.

prh47bridge · 30/03/2018 19:23

Sorry - cross posted. I see MrsBertBibby has already replied.

Mummytron · 30/03/2018 19:24

No I don't mean what will their decision be. We've never had any dealings with courts so just wondered if anyone knew how the process goes.

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HarryLovesDraco · 30/03/2018 19:24

How do you know he hasn't pushed her?

Mummytron · 30/03/2018 20:06

Not sure thats particularly helpful harry

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MrsBertBibby · 30/03/2018 20:12

If he wants a lawyer he should turn up and insist on an adjournment. If there's any suggestion she or her solicitor timed it so he wouldn't get representation because of the BH, the judge should be very unimpressed.

It is pretty hard to get an order removing someone from their home, but pretty easy to get a non molestation order. Breach of a non mol is a criminal offence.

Mummytron · 30/03/2018 20:26

Thanks Mrs
Hopefully his solicitor will get in touch tomorrow

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MrsBertBibby · 30/03/2018 20:35

Quite possibly not. I know I am doing my absolute best not to look at my work emails. If you don't put the craziness down sometimes you really do lose your mind.

Mummytron · 30/03/2018 20:44

Yes must be a nightmare. He gave her his letter on weds or Thurs (can't remember) and she said she would ring either today or tomorrow once she had time to go through it.
It's such a horrible situation that could be avoided. Yes they must divorce as they don't work but she is using the children as weapons against him and his mum and it's so unnessecary. He has been bullied and is now a shadow of himself and has no fight in him. I fear it will get a lot worse before it's gets sorted out.
Appreciate your advice during your long weekend

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MrsBertBibby · 31/03/2018 09:25

Oh if she's said she'll call I'm sure she will.

If the worst he is said to have done is to push her, then I would not see him being ousted, and I would expect the Judge to accept an undertaking, rather than making a non mol. But it's incredibly hard to say without reading the papers,

Mummytron · 31/03/2018 09:38

The worrying thing is he hasn't done any of the things she has said.
Thanks

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