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Legal matters

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Can I stop my estranged husband returning home while mental health concerns continue?

19 replies

ChaosManaged · 16/08/2026 07:00

Will try to summarise as best I can but a lot has happened.

my husband of 17 years started EMDR therapy for CSA in autumn and it completely unravelled him. We had marriage problems before but there was a stark deterioration where his emotions were uncontained. Although sympathetic to his trauma when it got to the stage of his anger affecting kids I couldn’t continue. I fled the house one night with kids due to his agressive behaviour. Prior to this I had supported him through suicidal thoughts, being unable to work, took on full responsibility of the children to allow him to focus on himself, all whilst working FT and his family doing nothing to help me.

The day I left the house sparked the worst week of my life where he went into his therapy session and made threats to kill me. Then safeguarding, police, school all got involved and I finished the week with him making a suicide attempt where I was running around an open space trying to locate him whilst waiting for police. Astonishingly wasn’t sectioned but acute crisis team involved etc. His mental health team advised no unsupervised access to children and I wasn’t to be alone with him and should meet him in public spaces

After 10 days of me at my mums with DC, he left the house and was admitted to a mental health half way house type thing. I moved back to the family home. Monitored but free to leave for 2 weeks and then got a room somewhere. Despite me really trying to push him, he rarely spoke or saw DCs, perhaps 3 times in last 6 weeks. I have taken kids on holidays and have found myself as a single parent. They are bereft as they love their dad and I do struggle to keep the plates spinning.

with new meds my husband is claiming he is feeling better but previously he was so unpredictable I changed the lock for my safety. Discussed with my solicitor about getting an occupational order but cost was a factor as I am going to separate and know it will be costly - I do regret this now. Now he is claiming to be better (I have doubts) he is fixated on me giving him a key. He started asking for one when we were out with the boys, asking repeatedly to the point I had to say I would have to walk out and eventually just ignored him which was horrible for kids. I have always offered him access to the home to get what he needs. He never responded to my solicitors letters about terms, claiming ‘I need to discuss with my solicitor’ - but not proving us with information about them.

since Wednesday he has harassed me repeatedly. I have taken kids out the country for the week, with permission, and my ring camera has picked up that he hanging around outside the house for hours or making multiple trips there through the day constantly. We have a cat and he could see that the flap had become locked as the catch slipped down. All day he fixated on this, also taking pictures of where he thinks I haven’t left the house secure. I had family coming around yesterday evening to sort car flap but my camera picked him up hopping over the fence at the back.

I asked him repeatedly to allow me to enjoy this week with the children after what has been an incredibly hard few months but he won’t. I have blocked him on what’s app but advised he can contact children through my brother (he hasn’t asked to speak to them, fixated on house). I have given him the option of meeting a family member at the home to be permitted access but he hasn’t taken me up on it. Said he could move back in if he wanted, I have said if he does he will force me and children out. To be clear, I haven’t taken this step lightly and with the aim of taking the house full time. I just needed to feel safe in the property.

I have emailed solicitor but now dreading returning because I am worried he will be hanging around the home, or I will be unable to leave my front door open, but also because I don’t know how I can facilitate contact with kids when he is acting the way he is to me. I don’t think he is well again, but his MH team won’t speak to me as he is removed me as NOK.

OP posts:
BibbityBoppityTwo · 16/08/2026 07:06

If the police have already been involved and he is known to them, I would tell him he needs to stay away, his behaviour is scaring you and that you will call the police if he continues to hang around the house. He is clearly not well.

RoseField1 · 16/08/2026 07:14

An occupation order isn't expensive to apply for. It may be too late now though.

Neevo · 16/08/2026 07:19

Whilst you might not be able to speak to his mental health team as a two way conversation, you can tell them you are worried and share what he’s been up to and I would encourage you to do this.
speak to the police as well, this is all sounding a bit much as a result of EMDR therapy.
Will you ever trust him? I feel really frightened for you.

ChaosManaged · 16/08/2026 07:23

Thanks all, and to those who have reached out via PM. I am finding it hard to reconcile the man I know to the man he has become. I will log yesterday with 101. I thought they might treat as a civil matter but perhaps worthwhile as I am anxious about returning on Thursday. I’m so angry also as was hoping to have a week to switch off but he won’t let me!

my solicitor seemed to suggest it would cost £6-8000 for a OO (this may have been as it would have been urgently filed). Alternative is I can file myself I believe?

OP posts:
RoseField1 · 16/08/2026 07:28

Yes you can file yourself.

madeindevon2 · 16/08/2026 07:35

This is where the solicitors just take advantage.
£500 for a letter with errors in my experience! .
do the order yourself
ask police to refer you to we protect

ChaosManaged · 16/08/2026 08:27

I think when we discussed it, it was when things were v chaotic and it would need to be filed urgently, hence the cost. As he hadn’t been turning up physically to where I was it was felt we could see how it goes.

OP posts:
ChaosManaged · 16/08/2026 08:29

RoseField1 · 16/08/2026 07:14

An occupation order isn't expensive to apply for. It may be too late now though.

so even if yesterday he showed he can’t respect boundaries and agree to terms, on the background of everything else, you think I might be unsuccessful.

i have rewatched the ring footage this morning and he attempts to use a ladder in the garden to climb onto our flat roof. He fell off it which makes me wonder if he was drinking or impaired by meds….or both. I have kept all messages and footage

OP posts:
RoseField1 · 16/08/2026 09:34

ChaosManaged · 16/08/2026 08:29

so even if yesterday he showed he can’t respect boundaries and agree to terms, on the background of everything else, you think I might be unsuccessful.

i have rewatched the ring footage this morning and he attempts to use a ladder in the garden to climb onto our flat roof. He fell off it which makes me wonder if he was drinking or impaired by meds….or both. I have kept all messages and footage

An occupation order is for domestic abuse - you could apply for a non molestation order on the basis of harassment and an occupation order but IANAL and I don't know if the threshold would be met or how recently the latest incident of DA was prior to this recent behaviour - legally it's still his house and he has the right to enter so I'm not sure this would meet the threshold. Again, IANAL.

madeindevon2 · 16/08/2026 09:38

Baring in mind the threats to kill and you are scared of him I would expect the threshold to be met

TheProvincialLady · 16/08/2026 09:41

In your circumstances I would contact Womens Aid to get their expert advice. Please please do not let your guard down or give him any chances. He is very dangerous to you and your children.

cestlavielife · 16/08/2026 09:55

He sounds unwell still. But maybe not reaching criteria for action.
Can you reach out to safeguarding lead of school again?
His unpredictability makes him unsafe to be around dc unless supervised - ideally by a third party not you?
Report to police again and report his actions to his mh team. And or his gp.
Try womens aid or local safeguarding team.
See your gp as well for you for support reach for counselling services for dc to process all this.

Trumptontown · 16/08/2026 10:11

madeindevon2 · 16/08/2026 09:38

Baring in mind the threats to kill and you are scared of him I would expect the threshold to be met

I agree, along with stalking the house.

Buscake · 16/08/2026 10:15

Are children’s services involved? They could help with a safety agreement - while not legally binding this would help you with a non mol/occupation order, and would ensure the safety of the children is being prioritised. I imagine his behaviour is scaring them too. Sending you strength through this difficult time 💛

whippersnapper55 · 16/08/2026 10:16

I'm so sorry you're going through this, what a nightmare 😔 please report his behaviour to the police, emphasising his threats to kill you. I would also tell his MH team, even if they can't tell you anything, they should know about his behaviour and that you feel unsafe in your home. I don't know about non-molestation orders or occupation orders but Women's Aid or the National Domestic Abuse Helpline may be able to advise you. He sounds dangerous and I would do everything you can to keep yourself and your children safe, even if that means them not having contact with them. This must be awfully frightening and confusing for them. Do you have a family member or close friend who could stay with you for a while when you're home from holiday?

ChaosManaged · 16/08/2026 12:27

Thank you all. I have contacted solicitor, his MH team and the police via online 101 form

OP posts:
stargirl27 · 16/08/2026 13:37

ChaosManaged · 16/08/2026 07:23

Thanks all, and to those who have reached out via PM. I am finding it hard to reconcile the man I know to the man he has become. I will log yesterday with 101. I thought they might treat as a civil matter but perhaps worthwhile as I am anxious about returning on Thursday. I’m so angry also as was hoping to have a week to switch off but he won’t let me!

my solicitor seemed to suggest it would cost £6-8000 for a OO (this may have been as it would have been urgently filed). Alternative is I can file myself I believe?

I’m a solicitor in London, think that’s a very high quote. Can usually do an urgent non mol and occupation order within 3-5k including counsel for the day. Otherwise I know some people are able to obtain assistance with preparing the application from charities, or you can do it yourself. You need to file form FL401 with a supporting statement. There is no court fee. The main thing for an occupation order is the balance of harm test (I.e. it will be more harmful for you and the kids if he is allowed to attend the property than it will be harmful to him if he is excluded). You might as well apply for a non mol too if he is harassing you/you think his behaviour will escalate if the occupation order is granted. It’s the same form and you can address both in the same statement.

pawsedforthought · 17/08/2026 19:50

I have just been to court today for an emergency non mol and occupation order due to my H's MH issues.

Although I had spoken to ncdv (who may be able to help in your case, mine was messed up by him being sectioned) the timeframe given by the hospital for discharge was too close for ncdv or solicitors to file and I prepared and submitted the forms and supporting statement through courtnav - it's really intuitive and takes you through step by step.

Good luck x

ChaosManaged · Today 17:23

pawsedforthought · 17/08/2026 19:50

I have just been to court today for an emergency non mol and occupation order due to my H's MH issues.

Although I had spoken to ncdv (who may be able to help in your case, mine was messed up by him being sectioned) the timeframe given by the hospital for discharge was too close for ncdv or solicitors to file and I prepared and submitted the forms and supporting statement through courtnav - it's really intuitive and takes you through step by step.

Good luck x

Hello all, to update my ex has finally engaged with a solicitor. I have prepped a first draft of the witness statement just in case. As his solicitor has indicated that he is willing to comply with the rules I set, my solicitor has advised giving him this opportunity.

I found out today that when he was in the garden he took the batteries out of the ring camera. He acknowledged that it was a stupid thing to do. I have made a follow up report at a police station following the 101 submission

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