Where does he stand?

[ROSEgarden]

I have threads on here about my brother who was seriously injured last week at the hands of his wife..intentioanlly, not accidentally and it seems similar things have been happening more often than this that we knew nothing of

Now hes still in hospital and says he cant go back as he thinks shes dangerous and will try again(he thinks she will try to kill him!), his primary concern right now(other than his eye) are the children, ss are involved as are police, but nothing seems to be happening and i need to help reassure him that if she retains custody that she CANT stop him seeing his children, having them over to stay etc, he will still have to work full time when he is well enough(long hours in new job) but will obv do everything to make it eaasy for the children.

So where does he stand?, can she refuse for him to have/see/let them stay over?
Will it have to go to court to decide or is this diff fr every case?

any help appreciated as he needs as much reassurance as poss right now.
thanks everyone

He needs to get a solicitor to make an application for a sort of double injunction. The first part is a non molestation order to prevent the wife assaulting or threatening him again, the second part is an occupation order to make her leave the house or to regulate their joint occupation of it.

There's no reason for him to be leaving the house, if it was a H assaulting a W, the H would be out on his ear.

The injunction would have a penal notice attached which means that if W breaches it, she's liable to imprisonment.

Your db needs to get himself a family lawyer pronto. try www.resolution.org to find a local specialist.

Sorry, [posted in a hurry. Unless there's a very good reason, the children are pretty much entitled to contact with their dad. If they can't sort it out between themselves he needs to make an application for a defined contact order. That's on the presumption that he wouldn't feel able to go to mediation to discuss contact.

thankyou, just spoken to my mum about it, ill gather as much info as poss then pass it onto him..there is NO reason he wouldnt be able to see them, but i know he wouldnt return to house nor would he make her move out because of the children (and the fact it was her families house)..so he'll be with my mum for the forseeable future, thankyou for your links, ill have a good look through them tonight

I lurked on your other thread although I did not post.

Just want to say I hope everything gets sorted out for your brother.

It must be a worrying time for him and you.

Thankyou Bellavita, thats very kind of you[smlie]..just trying to find out whats happening noww as mum just had a call to say hes cming out..just that nothing else???

I am sure giving him your love and support will see him through.

Thanks Ballabita, hope so, hes still not at mams yet, waiting for doc to come round with medication..mum is past herself!

sorry Bellavita