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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Access to marital home during trial separation

3 replies

prettypurpledaisy · 16/11/2009 18:23

My husband and I have had a very rocky marriage for the last three years and we have decided to separate for a month to give us a chance to think. We have two dc's 25 and 12. Both are very upset by the split.
He wants access to dc's on weekends he is off work and wants to come here to the marital home while I stay at my mums.
Do I have to let him? I am not sure where I stand legally, obviously I want him to see the kids and will not stop him.
Any advice would be gratefully received.
Thanks.

OP posts:
prettypurpledaisy · 16/11/2009 18:24

DD is 15 not 25 oops

OP posts:
Anniegetyourgun · 16/11/2009 20:16

I could be wrong here, but I don't believe legality is an issue. The house belongs to both of you if you're married, and you both have parental responsibility in the eyes of the law. If you haven't got the courts involved, there is no injunction on either party or Children's Act order or anything like that, it's just what works between you, I think. Best thing therefore is to work out a compromise if at all possible. If you really, really don't want him coming into the house when you're not there, but he insists on it, you'd need to get proper legal advice. I'd suggest starting with CAB who are free and can be very helpful.

Mumfun · 16/11/2009 20:22

AFAIK he has got legal right to access to the home. As was explained to me that may not be what I want - but it means he hasnt got the right to deny you access either. So best to work things out amicably keeping this in mind.

However have you access to where he is staying - it was suggested to me that it might work best if I dont wnat him in home to say do I have access to your new place - if you have access here I should have access there. But nothing legal about this!

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