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Separation

  • gentiandaisy
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04 Feb 09 #86042 by gentiandaisy
Topic started by gentiandaisy
Hi I am looking for information and help re: Rights on separation. ie. Childre, Home etc

  • rubytuesday
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04 Feb 09 #86052 by rubytuesday
Reply from rubytuesday
Hello gentiandaisy

welcome to wiki.

If you could prehaps post a bit more detail about what kind of information you are looking for, then we will be able to help you.Also please say which country you are in, as laws differ between Scotland and England/Wales.

Ruby

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04 Feb 09 #86054 by gentiandaisy
Reply from gentiandaisy
Hi Thankyou for answering my email.

I Live in England and the information is for my Daughter.

Basically I would like to know where she stands as to her repeadedly asking her Husbnad to leave, How that impacts on the children as her Husband has told her he is not leaving. He has told her to go, he is going to change the locks on the doors and she cannot take the children.
I have told her that he cannot legally do that. But she is in such a state at the moment, she is not sure of anything.
She is seeing a Solicitor tomorrow for the Basic advice

  • GuernseyGuy
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04 Feb 09 #86059 by GuernseyGuy
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These situations are complicated and your daughter is doing the right thing by seeing a solicitor.

Dealing with the specific issues that you raise. A husband or wife cannot remove their partner from the marital home without a court order. Neither of them would have much joy getting one of those on the basis of what you have said.

Similarly, a husband cannot deny his wife contact with her children without a court order to support it. He won't get one of those either, all things being equal.

If the marriage has come to an end, one of them will need to move on as soon as circumstances and finances permit.

With an eye to protecting her position, it will be important for your daughter not to go anywhere without the children. In an ideal world, she would stay in the family home and he would leave. A solicitor will cover this with her in detail.

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04 Feb 09 #86065 by gentiandaisy
Reply from gentiandaisy
Thank you so much for your very helpful advice.
May I contact you again.

  • GuernseyGuy
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04 Feb 09 #86068 by GuernseyGuy
Reply from GuernseyGuy
Please do. You can drop me a "private message" if you want a direct response, but you might find that sharing it with the wider forum gives you a better response. There are many talented people around these parts.

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